AN ACT relating to
property tax; revising the manner in which the State Board of Equalization must
provide certain notices concerning increases in the valuation of property; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, the State Board of
Equalization is required to give 10 days notice by registered or certified
mail or by personal service to interested persons if the Board proposes to
increase the valuation of any property on the assessment roll. (NRS 361.395) Section
1 of this bill maintains this requirement if the Board proposes to increase
the valuation of any property on the assessment roll in a proceeding to resolve
an appeal or other complaint before the Board pursuant to NRS 361.360, 361.400
or 361.403. However, for notices of proposed increases in the valuation of a
class or group of property that relate to a fiscal year that begins on or after
July 1, 2013, section 1 requires the Board to give 30 days notice by
first-class mail to interested persons.

Under existing law, whenever the valuation of any
property is raised by the Board, the Secretary of the Board is required to
forward notice of the increased valuation by certified mail to the property
owner or owners affected. (NRS 361.405) Section 1.5 of this bill: (1)
maintains the requirement that this notice be provided by certified mail if the
Board increases the valuation in a proceeding to resolve an appeal or other
complaint before the Board pursuant to NRS 361.360, 361.400 or 361.403; and (2)
requires this notice to be provided by first-class mail to the property owner
or owners affected if the Board increases the valuation of a class or group of
properties.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
361.395 is hereby amended to read as follows:

361.395 1. During the annual
session of the State Board of Equalization beginning on the fourth Monday in
March of each year, the State Board of Equalization shall:

(a) Equalize property valuations in the State.

(b) Review the tax rolls of the various counties
as corrected by the county boards of equalization thereof and raise or lower,
equalizing and establishing the taxable value of the property, for the purpose
of the valuations therein established by all the county assessors and county
boards of equalization and the Nevada Tax Commission, of any class or piece of
property in whole or in part in any county, including those classes of property
enumerated in NRS 361.320.

2. If the State Board of Equalization
proposes to increase the valuation of any property on the assessment roll[,]:

(b) In
a proceeding to resolve an appeal or other complaint before the Board pursuant
to NRS 361.360, 361.400 or 361.403, it shall give 10 days notice
to interested persons by registered or certified mail or by personal service. [The]

Κ A notice
provided pursuant to this
subsection must state the time when and place where the person
may appear and submit proof concerning the valuation of the property. A person
waives the notice requirement if he or she personally appears before the Board
and is notified of the proposed increase in valuation.

Sec. 1.5. NRS
361.405 is hereby amended to read as follows:

361.405 1. The Secretary of
the State Board of Equalization forthwith shall certify any change made by the
Board in the assessed valuation of any property in whole or in part to the
county auditor of the county where the property is assessed, and whenever the
valuation of any property is raised[,]:

(a) In
a proceeding to resolve an appeal or other complaint before the Board pursuant
to NRS 361.360, 361.400 or 361.403, the Secretary of the [State]
Board [of Equalization] shall forward by
certified mail to the property owner or owners affected, notice of the
increased valuation.

(b) Pursuant
to paragraph (b) of subsection 1 of NRS 361.395, the Secretary of the Board
shall forward by first-class mail to the property owner or owners affected,
notice of the increased valuation.

2. As soon as changes resulting from cases
having a substantial effect on tax revenues have been certified to the county
auditor by the Secretary of the State Board of Equalization, the county auditor
shall:

(a) Enter all such changes and the value of any
construction work in progress and net proceeds of minerals which were certified
to him or her by the Department, on the assessment roll before the delivery
thereof to the tax receiver.

(b) Add up the valuations and enter the total
valuation of each kind of property and the total valuation of all property on
the assessment roll.

(c) Certify the results to the board of county
commissioners and the Department.

3. The board of county commissioners shall
not levy a tax on the net proceeds of minerals added to the assessed valuation
pursuant to paragraph (a) of subsection 2, but, except as otherwise provided by
specific statute, the net proceeds of minerals must be included in the assessed
valuation of the taxable property of the county and all local governments in
the county for the determination of the rate of tax and all other purposes for
which assessed valuation is used.

4. As soon as changes resulting from cases
having less than a substantial effect on tax revenue have been certified to the
county tax receiver by the Secretary of the State Board of Equalization, the
county tax receiver shall adjust the assessment roll or the tax statement or
make a tax refund, as directed by the State Board of Equalization.

Sec. 2. The amendatory provisions
of section 1 of this act apply only to notices of proposed increases in the
valuation of property that relate to a fiscal year that begins on or after July
1, 2013.

AN ACT relating to
pharmacy; revising provisions authorizing a pharmacist or practitioner to
indicate on a prescription label if a generic drug has been substituted for a
drug prescribed by brand name; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Existing law authorizes a pharmacist or practitioner to
indicate on the label of a prescription that a generic drug has been
substituted for a drug prescribed by brand name unless the indication is prohibited
by the practitioner who prescribed the drug. (NRS 639.2587) This bill requires
a pharmacist or practitioner to make such an indication unless, at the time the
initial substitution of the generic drug is made, the person for whom the drug
is dispensed elects not to have such an indication written or typed on the
label. This bill further provides that an election by the person to indicate or
not indicate a substitution on the label applies both to the fill and each
refill of the same prescription.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
639.2587 is hereby amended to read as follows:

639.2587 If a generic drug is substituted
for a drug prescribed by brand name, the pharmacist or practitioner[:

1. Shall
note]shall:

1. Note
the name of the manufacturer, packer or distributor of the drug
actually dispensed on the prescription; and

2. [Unless prohibited by the
practitioner, may indicate]Indicate the substitution by writing or typing
on the label the words substituted for [], or substantially similar language, following
the generic name and preceding the brand name of the drug [.] unless, at the time the initial substitution
of the generic drug for a drug prescribed by brand name is made, the person for whom the drug is
dispensed elects not to have such an indication written or typed on the label. An election to indicate or not to indicate a substitution
on the label pursuant to this subsection applies to both the fill and each
refill of the same prescription.

Sec. 2. This act becomes effective
on July 1, 2013.

________

κ2013
Statutes of Nevada, Page 2900κ

CHAPTER 483, AB 202

Assembly Bill No. 202Committee on Judiciary

CHAPTER 483

[Approved:
June 11, 2013]

AN ACT relating to
juvenile justice; revising the list of offenses that are excluded from the
original jurisdiction of the juvenile court; reducing the age at which a child
charged with murder or attempted murder may be certified as an adult for
criminal proceedings; authorizing a child who is certified for adult criminal
proceedings to petition the court for placement in a state juvenile detention
facility during the pendency of the proceeding; requiring the Legislative
Committee on Child Welfare and Juvenile Justice to appoint a task force to
study certain issues relating to juveniles; and providing other matters
properly relating thereto.

Legislative Counsels Digest:

Existing law provides that the juvenile court has
exclusive jurisdiction over a child who is alleged to have committed an act
designated as a criminal offense unless: (1) the criminal offense is excluded
from the jurisdiction of the juvenile court; or (2) the child is alleged to
have committed an offense for which the juvenile court may certify the child
for criminal proceedings as an adult and the juvenile court certifies the child
for criminal proceedings as an adult upon a motion by the district attorney and
after a full investigation. (NRS 62B.330, 62B.390)

Under existing law, the offenses excluded from the
jurisdiction of the juvenile court include, without limitation, murder and
attempted murder. (NRS 62B.330) Section 1 of this bill provides that
murder and attempted murder are excluded from the jurisdiction of the juvenile
court only if the offense was committed by a child who was 16 years of age or
older when he or she committed the offense. Under section 11 of this
bill, this provision becomes effective on October 1, 2014.

Under existing law, a child may be certified for criminal
proceedings as an adult upon a motion by the district attorney and after a full
investigation if the child: (1) is charged with an offense that would have been
a felony if committed by an adult; and (2) was 14 years of age or older at the
time the child allegedly committed the offense. Section 1.3 of this bill
reduces the minimum age of such certification from 14 years of age to 13 years
of age if the child is charged with murder or attempted murder. Under section
11, this provision becomes effective on October 1, 2014.

Under existing law, during the pendency of the
proceeding, a child who is charged with a crime which is excluded from the
original jurisdiction of the juvenile court may petition the juvenile court for
temporary placement in a facility for the detention of children. (NRS 62C.030) Section
2 of this bill authorizes a child who is certified for criminal proceedings
as an adult to petition the juvenile court for temporary placement in a
facility for the detention of children during the pendency of the proceeding.
Under section 11, this provision becomes effective on October 1, 2013.

Section 10 of this bill requires the Legislative
Committee on Child Welfare and Juvenile Justice to create a task force to study
certain issues relating to juvenile justice.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
62B.330 is hereby amended to read as follows:

62B.330 1. Except
as otherwise provided in this title, the juvenile court has exclusive original
jurisdiction over a child living or found within the county who is alleged or
adjudicated to have committed a delinquent act.

2. For the
purposes of this section, a child commits a delinquent act if the child:

(a) Violates a county
or municipal ordinance;

(b) Violates any rule
or regulation having the force of law; or

(c) Commits an act
designated a criminal offense pursuant to the laws of the State of Nevada.

3. For the
purposes of this section, each of the following acts shall be deemed not to be
a delinquent act, and the juvenile court does not have jurisdiction over a
person who is charged with committing such an act:

(a) Murder or
attempted murder and any other related offense arising out of the same facts as
the murder or attempted murder, regardless of the nature of the related offense[.] , if the person was 16 years of age or
older when the murder or attempted murder was committed.

(b) Sexual assault or
attempted sexual assault involving the use or threatened use of force or
violence against the victim and any other related offense arising out of the
same facts as the sexual assault or attempted sexual assault, regardless of the
nature of the related offense, if:

(1) The person
was 16 years of age or older when the sexual assault or attempted sexual
assault was committed; and

(2) Before the
sexual assault or attempted sexual assault was committed, the person previously
had been adjudicated delinquent for an act that would have been a felony if
committed by an adult.

(c) An offense or
attempted offense involving the use or threatened use of a firearm and any
other related offense arising out of the same facts as the offense or attempted
offense involving the use or threatened use of a firearm, regardless of the
nature of the related offense, if:

(1) The person
was 16 years of age or older when the offense or attempted offense involving the
use or threatened use of a firearm was committed; and

(2) Before the
offense or attempted offense involving the use or threatened use of a firearm
was committed, the person previously had been adjudicated delinquent for an act
that would have been a felony if committed by an adult.

(d) A felony resulting
in death or substantial bodily harm to the victim and any other related offense
arising out of the same facts as the felony, regardless of the nature of the
related offense, if:

(1) The felony
was committed on the property of a public or private school when pupils or
employees of the school were present or may have been present, at an activity
sponsored by a public or private school or on a school bus while the bus was
engaged in its official duties; and

(2) The person
intended to create a great risk of death or substantial bodily harm to more
than one person by means of a weapon, device or course of action that would
normally be hazardous to the lives of more than one person.

(e) A category A or B felony and any other
related offense arising out of the same facts as the category A or B felony,
regardless of the nature of the related offense, if the person was at least 16
years of age but less than 18 years of age when the offense was committed, and:

(1) The person is not identified by law
enforcement as having committed the offense and charged before the person is at
least 20 years, 3 months of age, but less than 21 years of age; or

(2) The person is not identified by law
enforcement as having committed the offense until the person reaches 21 years
of age.

(f) Any other offense if, before the offense was
committed, the person previously had been convicted of a criminal offense.

Sec. 1.3.NRS
62B.390 is hereby amended to read as follows:

62B.390 1. Except as
otherwise provided in subsection 2 and NRS 62B.400, upon a motion by the
district attorney and after a full investigation, the juvenile court may
certify a child for proper criminal proceedings as an adult to any court that
would have jurisdiction to try the offense if committed by an adult, if the
child:

(a) [Is]Except as otherwise provided in
paragraph (b), is charged with an offense that would have been a
felony if committed by an adult[;]
and

[(b) Was]was 14 years of age
or older at the time the child allegedly committed the offense[.] ; or

(b) Is
charged with murder or attempted murder and was 13 years of age or older when
the murder or attempted murder was committed.

2. Except as otherwise provided in
subsection 3, upon a motion by the district attorney and after a full
investigation, the juvenile court shall certify a child for proper criminal proceedings
as an adult to any court that would have jurisdiction to try the offense if
committed by an adult, if the child:

(a) Is charged with:

(1) A sexual assault involving the use or
threatened use of force or violence against the victim; or

(2) An offense or attempted offense
involving the use or threatened use of a firearm; and

(b) Was 16 years of age or older at the time the
child allegedly committed the offense.

3. The juvenile court shall not certify a
child for criminal proceedings as an adult pursuant to subsection 2 if the
juvenile court specifically finds by clear and convincing evidence that:

(a) The child is developmentally or mentally
incompetent to understand the situation and the proceedings of the court or to
aid the childs attorney in those proceedings; or

(b) The child has substance abuse or emotional or
behavioral problems and the substance abuse or emotional or behavioral problems
may be appropriately treated through the jurisdiction of the juvenile court.

4. If a child is certified for criminal
proceedings as an adult pursuant to subsection 1 or 2, the juvenile court shall
also certify the child for criminal proceedings as an adult for any other
related offense arising out of the same facts as the offense for which the child
was certified, regardless of the nature of the related offense.

5. If a child has been certified for
criminal proceedings as an adult pursuant to subsection 1 or 2 and the childs
case has been transferred out of the juvenile court:

(a) The court to which the case has been
transferred has original jurisdiction over the child;

(b) The child may petition for transfer of the
case back to the juvenile court only upon a showing of exceptional
circumstances; and

(c) If the childs case is transferred back to
the juvenile court, the juvenile court shall determine whether the exceptional
circumstances warrant accepting jurisdiction.

Sec. 1.7. (Deleted by amendment.)

Sec. 2. NRS
62C.030 is hereby amended to read as follows:

62C.030 1. If a child is not
alleged to be delinquent or in need of supervision, the child must not, at any
time, be confined or detained in:

(a) A facility for the secure detention of
children; or

(b) Any police station, lockup, jail, prison or
other facility in which adults are detained or confined.

2. If a child is alleged to be delinquent
or in need of supervision, the child must not, before disposition of the case,
be detained in a facility for the secure detention of children unless there is
probable cause to believe that:

(a) If the child is not detained, the child is
likely to commit an offense dangerous to the child or to the community, or
likely to commit damage to property;

(b) The child will run away or be taken away so
as to be unavailable for proceedings of the juvenile court or to its officers;

(c) The child was taken into custody and brought
before a probation officer pursuant to a court order or warrant; or

(d) The child is a fugitive from another
jurisdiction.

3. If a child is less than 18 years of
age, the child must not, at any time, be confined or detained in any police
station, lockup, jail, prison or other facility where the child has regular
contact with any adult who is confined or detained in the facility and who has
been convicted of a criminal offense or charged with a criminal offense,
unless:

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available; and

(c) The child is separated by sight and sound
from any adults who are confined or detained in the facility.

4. During the pendency of a proceeding
involving [a]:

(a) A
criminal offense excluded from the original jurisdiction of the
juvenile court pursuant to NRS 62B.330[,]; or

(b) A
child who is certified for criminal proceedings as an adult pursuant to NRS
62B.390,

Κa
child may petition the juvenile court for temporary placement in a facility for
the detention of children.

Secs. 3-9. (Deleted by
amendment.)

Sec. 10. 1. The
Legislative Committee on Child Welfare and Juvenile Justice created by NRS
218E.705 shall create a task force to study certain issues relating to juvenile
justice in accordance with the provisions of this section.

2. The Chair of the Legislative Committee on
Child Welfare and Juvenile Justice shall appoint to the task force the
following 10 voting members:

(a) One member of the Senate or Assembly, who shall
serve as Chair of the task force.

(e) One member from the Division of Child and Family
Services of the Department of Health and Human Services.

(f) One member who is a judge of the juvenile court.

(g) One member who is a director of juvenile services,
as defined in NRS 62A.080.

(h) One member who is a mental health professional.

(i) One member who is a representative from an
organization that advocates on behalf of juveniles.

(j) The Director of the Department of Corrections.

3. The task force shall study the following
issues and make its findings and any recommendations for proposed legislation:

(a) The laws in this State and other states, including
an examination of best practices, pertaining to certification of juveniles as
adults and offenses excluded from the jurisdiction of the juvenile court.

(b) The advantages and disadvantages of blended
sentencing.

(c) The ability of adult correctional facilities and
institutions to provide appropriate housing and programming for youthful
offenders who are convicted of crimes as adults and incarcerated in adult
facilities and institutions.

(d) The ability of juvenile detention facilities to
provide appropriate housing and programming for youthful offenders who are
convicted of crimes as adults and detained in juvenile detention facilities.

(e) The costs and benefits of housing juvenile
offenders who are convicted of crimes as adults in adult correctional
facilities and institutions and in juvenile detention facilities.

(f) Proposed legislation that is necessary to
implement any necessary or desirable changes in Nevada law relating to the
issues set forth in this subsection.

4. The members of the task force, other than
the Chair of the task force, serve without compensation, except that each such
member is entitled, while engaged in the business of the task force and within
the limits of available money, to the per diem allowance and travel expenses
provided for state officers and employees generally.

5. Not later than 30 days after appointment,
each member of the task force, other than the Chair of the task force, shall
nominate one person to serve as his or her alternate member and submit the name
of the person nominated to the Chair of the task force for appointment. An
alternate member shall serve as a voting member of the task force when the
appointed member who nominated the alternate member is disqualified or unable
to serve.

6. The members of the task force shall hold not
more than four meetings at the call of the Chair of the task force.

7. To the extent that money is available,
including, without limitation, money from gifts, grants and donations, the
Committee may fund the costs of the task force.

8. The Committee shall submit a report of the
findings of the task force and its recommendations for legislation to the 78th
Session of the Nevada Legislature.

Sec. 11. 1. This
section and section 10 of this act become effective on July 1, 2013.

2. Sections 2 to 9, inclusive, of this act
become effective on October 1, 2013.

3. Sections 1, 1.3 and 1.7 of this act become
effective on October 1, 2014.

________

CHAPTER 484, AB 205

Assembly Bill No. 205Committee on Education

CHAPTER 484

[Approved:
June 11, 2013]

AN ACT relating to
education; requiring that a performance framework for a charter school be
incorporated into the charter contract; revising provisions governing
applications for authorization to sponsor charter schools by the board of
trustees of a school district or a college or university within the Nevada
System of Higher Education; revising the procedure for reviewing an application
to form a charter school; setting forth requirements for the execution and
renewal of charter contracts; setting forth the grounds for termination of a
charter contract; revising provisions relating to the enrollment of pupils in
charter schools; requiring the Department of Education to adopt regulations for
the comprehensive review of sponsors of charter schools approved by the
Department and for the revocation of the authorization to sponsor charter
schools; making various other changes relating to charter schools; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law authorizes the formation and operation of
charter schools. (NRS 386.490-386.610) Section 3 of this bill requires
that a written performance framework for a charter school be incorporated into
the charter contract executed by the sponsor and the governing body of the
charter school pursuant to section 8 of this bill. The performance framework
must include performance indicators, measures and metrics for: (1) the academic
achievement and proficiency of pupils enrolled in the charter school and
disparities in achievement among those pupils; (2) the attendance rate of
pupils enrolled in the charter school and the percentage of pupils who reenroll
from year-to-year; (3) the financial condition and sustainability of the
charter school; (4) the performance of the governing body of the charter
school; and (5) if the charter school enrolls pupils at the high school grade
level, the rate of graduation of those pupils. This bill also addresses the
period during which some charter schools will continue to operate under
existing written charters until their expiration and potential renewal under the
terms and conditions for the issuance of a charter contract.

Existing law prescribes the circumstances under which the
sponsor of a charter school is authorized to revoke the charter of a charter
school. (NRS 386.535) Section 3.5 of this bill requires the sponsor of a
charter school to revoke the written charter or terminate the charter contract
of the charter school if the charter school receives three consecutive annual
ratings established as the lowest rating possible indicating underperformance
of a public school, as determined by the Department of Education pursuant to
the statewide system of accountability for public schools. The procedures in
existing law setting forth notice and timelines for the revocation of the
written charter or the termination of a charter contract do not apply to
termination on these grounds. Section 3.5 also provides that a rating of
a charter school based upon the performance of the charter school for any school year before the
2013-2014 school year pursuant to the statewide system of accountability must
not be included in the count of consecutive annual ratings for the purposes of
determining whether termination is required.

performance of the charter school for any school year before
the 2013-2014 school year pursuant to the statewide system of accountability
must not be included in the count of consecutive annual ratings for the purposes
of determining whether termination is required.

Existing law authorizes the board of trustees of a school
district or a college or university within the Nevada System of Higher
Education to sponsor charter schools. (NRS 386.515) Section 5 of this
bill clarifies that, similar to the board of trustees of a school district, a
college or university is required to submit an application to the Department to
sponsor charter schools. Under existing law, the Department is also required to
adopt regulations prescribing the process for submission of an application by
the board of trustees of a school district for authorization to sponsor charter
schools. (NRS 386.540) Section 12 of this bill makes a college or
university within the Nevada System of Higher Education subject to those
regulations and requires the Department to adopt additional regulations
prescribing: (1) the process and timeline for the review of an application for
authorization to sponsor charter schools; (2) the process for the Department to
conduct a comprehensive review of sponsors of charter schools approved by the
Department at least once every 3 years; and (3) the process for the Department
to continue or revoke the authorization of a board of trustees or a college or
university to sponsor charter schools.

Under existing law, the proposed sponsor of a charter
school may request the Department to assist in the review of an application to
form a charter school by determining whether the application is substantially
complete and compliant. If the Department determines that an application is not
substantially complete and compliant, the staff of the Department is required
to meet with the applicant to confer on the method to correct the deficiencies
in the application identified by the Department. (NRS 386.520) Sections 6and 7 of this bill remove the provisions relating to the review of an
application to form a charter school by the Department.

Existing law sets forth the process for review of an
application to form a charter school by the proposed sponsor of the charter
school. (NRS 386.525) Section 7 requires the proposed sponsor to
assemble a team of reviewers and to conduct a thorough evaluation of the
application, including an in-person interview with the committee to form the
charter school. Section 7 also requires that to approve an application,
the proposed sponsor must determine that the applicant has demonstrated
competence which will likely result in a successful opening and operation of
the charter school.

Under existing law, if an application to form a charter
school is approved by the proposed sponsor of the charter school, the charter
school is issued a written charter for a term of 6 years. (NRS 386.527) Section
8 removes the requirement for the issuance of a written charter and instead
requires the proposed sponsor of the charter school and the governing body of
the charter school, on or after the effective date of this bill, to execute a
charter contract for a term of 6 years.

Existing law sets forth the procedures for renewal and revocation
of written charters. (NRS 386.530, 386.535) Section 9 of this bill
removes the written charter and instead prescribes the procedure for renewal of
a charter contract, which includes a requirement that the sponsor provide the
charter school with a written report summarizing the charter schools
performance during the term of the charter contract. Section 10 of this
bill prescribes the grounds for the revocation of a written charter and the
termination of a charter contract, which includes, if the charter school holds
a charter contract, the ground that the charter school has persistently
underperformed, as measured by the performance framework developed for the
charter school.

Existing law provides that a charter school dedicated to
providing educational programs and opportunities to pupils who are at risk may
enroll a child who is the child of a full-time employee of the charter school
before enrolling pupils who are otherwise eligible for enrollment. Section
17 of this bill removes the provision that such a charter school must serve
at-risk pupils and instead authorizes any charter school to, before enrolling
children who are otherwise eligible for enrollment, enroll a child if the child is the child
of: (1) an employee of the charter school; (2) a member of the committee to
form the charter school; or (3) a member of the governing body of the charter
school.

child if the child is the child of: (1) an employee of the
charter school; (2) a member of the committee to form the charter school; or
(3) a member of the governing body of the charter school.

Section 19 of this bill revises requirements for
the annual report that the sponsor of a charter school is required to provide
to the Department of Education by including, for a charter school that it
sponsors with a charter contract, a summary evaluating the performance of the
charter school, as measured by the performance framework, and by removing the
requirement that the sponsor of the charter school include a description of the
administrative support and services provided by the sponsor. (NRS 386.610)

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
386 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 3.5, inclusive, of this act.

Sec. 2. Charter contract means the contract executed between the
governing body of a charter school and the sponsor of the charter school
pursuant to NRS 386.527.

Sec. 2.5. Performance framework means the performance framework for
a charter school that is required to be incorporated into a charter contract
pursuant to NRS 386.527.

Sec. 3. 1. The performance framework that is required to be incorporated into
the charter contract pursuant to paragraph (a) of subsection 1 of NRS 386.527 must include, without limitation,
performance indicators, measures and metrics forthe categories of academics, finances
and organization as follows:

(a) The category of academics addresses:

(1) The academic achievement and proficiency
of pupils enrolled in the charter school, including, without limitation, the
progress of pupils from year-to-year based upon the model to measure the
achievement of pupils adopted by the Department pursuant to NRS 385.3595;

(2) Disparities
in the academic
achievement and proficiency of pupils enrolled in the charter school; and

(3) If
the charter school enrolls pupils at the high school grade level, the rate of
graduation of those pupils and the preparation of those pupils for success in
postsecondary educational institutions and in career and workforce readiness.

(b) The
category of finances addresses the financial condition and sustainability of the charter school.

(c) The category of organization addresses:

(1) The
percentage of pupils who reenroll in the charter school from year-to-year;

(2) The
rate of attendance of pupils enrolled in the charter school; and

(3) The performance of the governing body of
the charter school, including, without limitation, compliance with the terms
and conditions of the charter contract and the applicable statutes and
regulations.

2. In
addition to the requirements for the performance framework set forth in
subsection 1, the sponsor of the charter school may,
upon request of the governing body of the charter school, include additional
rigorous, valid and reliable performance
indicators, measures and metrics in the performance framework that are specific
to the mission of the charter school and that are consistent with NRS 386.490
to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act.

valid and reliable
performance indicators, measures and metrics in the performance framework that
are specific to the mission of the charter
school and that are consistent
with NRS 386.490 to 386.610, inclusive, and sections
2 to 3.5, inclusive, of
this act.

3. The governing body of a charter school shall, in
consultation with the sponsor of the charter school, establish annual
performance goals to ensure that the charter school is meeting the performance
indicators, measures and metrics set forth in the performance framework in the charter contract.

4. If an application for renewal of a charter contract
is approved, the sponsor of the charter school may review and, if necessary,
revise the performance framework. Such a revised performance framework must be incorporated
into the renewed charter contract.

5. The sponsor of a charter school shall ensure the
collection, analysis and reporting of all data from the results of pupils
enrolled in the charter school on statewide examinations to determine whether
the charter school is meeting the performance indicators, measures and metrics
for the achievement and proficiency of pupils as set forth in the performance
framework for the charter school.

Sec. 3.5. 1. The sponsor of a charter school shall revoke
the written charter or terminate the charter contract of the charter school if
the charter school receives three consecutive annual ratings established as the
lowest rating possible indicating underperformance of a public school, as
determined by the Department pursuant to the statewide system of accountability
for public schools. A charter schools annual rating pursuant to the statewide
system of accountability based upon the performance of the charter school for
any school year before the 2013-2014 school year must not be included in the
count of consecutive annual ratings for the purposes of this subsection.

2. If
a written charter is revoked or a charter contract is terminated pursuant to
subsection 1, the sponsor of the charter school shall submit a written report
to the Department and the governing body of the charter school setting forth
the reasons for the termination not later than 10 days after revoking the
written charter or terminating the charter contract.

3. The
provisions of NRS 386.535 do not apply to the revocation of a written charter
or termination of a charter contract pursuant to this section.

Sec. 4. NRS
386.490 is hereby amended to read as follows:

386.490 As used in NRS 386.490 to 386.610,
inclusive, and sections 2 to 3.5, inclusive, of this act, the words and
terms defined in NRS 386.495, 386.500 and 386.503 and sections 2 and
2.5 of this act have
the meanings ascribed to them in those sections.

Sec. 5. NRS
386.515 is hereby amended to read as follows:

386.515 1. The board of
trustees of a school district may apply to the Department for authorization to
sponsor charter schools within the school district[.]in accordance with the regulations adopted by the Department
pursuant to NRS 386.540. An application must be approved by the
Department before the board of trustees may sponsor a charter school. Not more
than 180 days after receiving approval to sponsor charter schools, the board of
trustees shall provide public notice of its ability to sponsor charter schools
and solicit applications for charter schools.

2. The State Public Charter School
Authority shall sponsor charter schools whose applications have been approved
by the State Public Charter School Authority pursuant to NRS 386.525. Except as
otherwise provided by specific statute, if the State Public Charter School
Authority sponsors a charter school, the State Public Charter School Authority
is responsible for the evaluation, monitoring and oversight of the charter
school.

3. A college or university within the
Nevada System of Higher Education may submit an application to the Department to sponsor
charter schools[.] in accordance with the regulations
adopted by the Department pursuant to NRS 386.540. An application must be
approved by the Department before a college or university within the Nevada
System of Higher Education may sponsor charter schools.

4. Each sponsor of a charter school shall
carry out the following duties and powers:

(a) Evaluating applications to form charter
schools as prescribed by NRS 386.525;

(b) Approving applications to form charter
schools that the sponsor determines are high quality, meet the identified
educational needs of pupils and will serve to promote the diversity of public
educational choices in this State;

(c) Declining to approve applications to form
charter schools that do not satisfy the requirements of NRS 386.525;

(e) Monitoring, in accordance with NRS 386.490 to
386.610, inclusive, and sections 2
to 3.5, inclusive, of this act, and in
accordance with the terms and conditions of the applicable [written]
charter[,]contract, the
performance and compliance of each charter school sponsored by the entity; and

(f) Determining whether [each written]the charter contract of a charter
school that the entity sponsors merits renewal or whether the renewal of the [written]
charter contract should
be denied or whether the
written charter should be revoked
or the charter contract
[should berevoked]terminated, as applicable,in accordance with NRS 386.530 or 386.535, or section 3.5 of this act, as
applicable.

5. Each sponsor of a charter school shall
develop policies and practices that are consistent with state laws and
regulations governing charter schools. In developing the policies and
practices, the sponsor shall review and evaluate nationally recognized policies
and practices for sponsoring organizations of charter schools. The policies and
practices must include, without limitation:

(a) The organizational capacity and
infrastructure of the sponsor for sponsorship of charter schools, which must
not be described as a limit on the number of charter schools the sponsor will
approve;

(b) The procedure and criteria for evaluating charter school
applications in accordance with NRS 386.525[;] and for the renewal of charter
contracts pursuant to NRS 386.530;

(c) A description of how the sponsor will
maintain oversight of the charter schools it sponsors; and

(d) A description of the process of evaluation
for the charter
schools it sponsors in accordance with NRS 386.610.

6. Evidence of material or persistent
failure to carry out the powers and duties of a sponsor prescribed by this
section constitutes grounds for revocation of the entitys authority to sponsor
charter schools.

Sec. 5.5. NRS
386.515 is hereby amended to read as follows:

386.515 1. The board of
trustees of a school district may apply to the Department for authorization to
sponsor charter schools within the school district in accordance with the
regulations adopted by the Department pursuant to NRS 386.540. An application
must be approved by the Department before the board of trustees may sponsor a
charter school. Not more than 180 days after receiving approval to sponsor
charter schools, the board of trustees shall provide public notice of its
ability to sponsor charter schools and solicit applications for charter
schools.

2. The State Public Charter School
Authority shall sponsor charter schools whose applications have been approved
by the State Public Charter School Authority pursuant to NRS 386.525. Except as
otherwise provided by specific statute, if the State Public Charter School
Authority sponsors a charter school, the State Public Charter School Authority
is responsible for the evaluation, monitoring and oversight of the charter
school.

3. A college or university within the
Nevada System of Higher Education may submit an application to the Department
to sponsor charter schools in accordance with the regulations adopted by the
Department pursuant to NRS 386.540. An application must be approved by the
Department before a college or university within the Nevada System of Higher
Education may sponsor charter schools.

4. Each sponsor of a charter school shall
carry out the following duties and powers:

(a) Evaluating applications to form charter
schools as prescribed by NRS 386.525;

(b) Approving applications to form charter
schools that the sponsor determines are high quality, meet the identified
educational needs of pupils and will serve to promote the diversity of public
educational choices in this State;

(c) Declining to approve applications to form
charter schools that do not satisfy the requirements of NRS 386.525;

(e) Monitoring, in accordance with NRS 386.490 to
386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and in
accordance with the terms and conditions of the applicable charter contract, the
performance and compliance of each charter school sponsored by the entity; and

(f) Determining whether the charter contract of a
charter school that the entity sponsors merits renewal or whether the renewal
of the charter contract should be denied or whether the [written]
charter contract
should be [revoked or the charter contract ]
terminated[,
as applicable,] in accordance with NRS 386.530 or 386.535,
or section 3.5 of this act, as applicable.

5. Each sponsor of a charter school shall
develop policies and practices that are consistent with state laws and
regulations governing charter schools. In developing the policies and
practices, the sponsor shall review and evaluate nationally recognized policies
and practices for sponsoring organizations of charter schools. The policies and
practices must include, without limitation:

(a) The organizational capacity and
infrastructure of the sponsor for sponsorship of charter schools, which must
not be described as a limit on the number of charter schools the sponsor will
approve;

(b) The procedure and criteria for evaluating
charter school applications in accordance with NRS 386.525 and for the renewal
of charter contracts pursuant to NRS 386.530;

(c) A description of how the sponsor will
maintain oversight of the charter schools it sponsors; and

(d) A description of the process of evaluation
for the charter schools it sponsors in accordance with NRS 386.610.

6. Evidence of material or persistent
failure to carry out the powers and duties of a sponsor prescribed by this
section constitutes grounds for revocation of the entitys authority to sponsor
charter schools.

Sec. 6. NRS
386.520 is hereby amended to read as follows:

386.520 1. A committee to
form a charter school must consist of:

(a) One member who is a teacher or other person
licensed pursuant to chapter 391 of NRS or who previously held such a license
and is retired, as long as his or her license was held in good standing;

(b) One member who:

(1) Satisfies the qualifications of
paragraph (a); or

(2) Is a school administrator with a
license issued by another state or who previously held such a license and is
retired, as long as his or her license was held in good standing;

(c) One parent or legal guardian who is not a
teacher or employee of the proposed charter school; and

(d) Two members who possess knowledge and expertise
in one or more of the following areas:

(1) Accounting;

(2) Financial services;

(3) Law; or

(4) Human resources.

2. In addition to the members who serve
pursuant to subsection 1, the committee to form a charter school may include,
without limitation, not more than four additional members as follows:

(a) Members of the general public;

(b) Representatives of nonprofit organizations
and businesses; or

(c) Representatives of a college or university
within the Nevada System of Higher Education.

3. A majority of the persons who serve on
the committee to form a charter school must be residents of this State at the
time that the application to form the charter school is submitted to the
Department.

4. The committee to form a charter school shall ensure that the
completed application:

(a) Presents
the academic, financial and organizational vision and plans for the proposed charter school; and

(b) Provides
the proposed sponsor of the charter school with a clear basis for assessing the
capacity of the applicant to carry out the vision and plans.

5. An
application to form a charter school must include all information prescribed by
the Department by regulation and:

(a) A written description of how the charter
school will carry out the provisions of NRS 386.490 to 386.610, inclusive[.] , and sections 2 to 3.5, inclusive, of this act.

(b) A written description of the mission and
goals for the charter school. A charter school must have as its stated purpose
at least one of the following goals:

(1) Improving the academic achievement of
pupils;

(2) Encouraging the use of effective and
innovative methods of teaching;

(3) Providing an accurate measurement of
the educational achievement of pupils;

(4) Establishing accountability and
transparency of public schools;

(5) Providing a method for public schools
to measure achievement based upon the performance of the schools; or

(6) Creating new professional
opportunities for teachers.

(c) The projected enrollment of pupils in the
charter school.

(d) The proposed dates for accepting applications
for enrollment in the initial year of operation of the charter school.

(e) The proposed system of governance for the
charter school, including, without limitation, the number of persons who will
govern, the method for nominating and electing the persons who will govern and
the term of office for each person.

(f) The method by which disputes will be resolved
between the governing body of the charter school and the sponsor of the charter
school.

(g) The proposed curriculum for the charter
school and, if applicable to the grade level of pupils who are enrolled in the
charter school, the requirements for the pupils to receive a high school
diploma, including, without limitation, whether those pupils will satisfy the
requirements of the school district in which the charter school is located for
receipt of a high school diploma.

(h) The textbooks that will be used at the
charter school.

(i) The qualifications of the persons who will
provide instruction at the charter school.

(j) Except as otherwise required by NRS 386.595,
the process by which the governing body of the charter school will negotiate
employment contracts with the employees of the charter school.

(k) A financial plan for the operation of the
charter school. The plan must include, without limitation, procedures for the
audit of the programs and finances of the charter school and guidelines for
determining the financial liability if the charter school is unsuccessful.

(l) A statement of whether the charter school
will provide for the transportation of pupils to and from the charter school.
If the charter school will provide transportation, the application must include
the proposed plan for the transportation of pupils. If the charter school will
not provide transportation, the application must include a statement that the
charter school will work with the parents and guardians of pupils enrolled in
the charter school to develop a plan for transportation to ensure that pupils
have access to transportation to and from the charter school.

(m) The procedure for the evaluation of teachers
of the charter school, if different from the procedure prescribed in NRS
391.3125 and 391.3128. If the procedure is different from the procedure
prescribed in NRS 391.3125 and 391.3128, the procedure for the evaluation of
teachers of the charter school must provide the same
level of protection and otherwise comply with the standards for evaluation set
forth in NRS 391.3125 and 391.3128.

school must provide the same level of protection and
otherwise comply with the standards for evaluation set forth in NRS 391.3125
and 391.3128.

(n) The time by which certain academic or
educational results will be achieved.

(o) The kind of school, as defined in subsections
1 to 4, inclusive, of NRS 388.020, for which the charter school intends to
operate.

(p) A statement of whether the charter school
will enroll pupils who are in a particular category of at-risk pupils before
enrolling other children who are eligible to attend the charter school pursuant
to NRS 386.580 and the method for determining eligibility for enrollment in
each such category of at-risk pupils served by the charter school.

[5. The proposed sponsor of a charter school may
request that the Department review an application before review by the proposed
sponsor to determine whether the application is substantially complete and
compliant. Upon such a request, the Department shall review an application to
form a charter school to determine whether it is substantially complete and
compliant. If an application proposes to convert an existing public school,
homeschool or other program of home study into a charter school, the Department
shall provide written notice to the applicant that the application is
ineligible for consideration by the proposed sponsor.]

6. [The Department shall
provide written notice to the applicant and the proposed sponsor of the charter
school of its determination whether the application is substantially complete
and compliant. If the Department determines that an application is not substantially
complete and compliant, the Department shall include in the written notice the
basis for that determination and the deficiencies in the application. The staff
designated by the Department shall meet with the applicant to confer on the
method to correct the identified deficiencies. The applicant must be granted 30
days after receipt of the written notice to correct any deficiencies identified
in the written notice and resubmit the application. If the Department
determines an application is substantially complete and compliant, the
Department shall transmit the application to the proposed sponsor for review
pursuant to NRS 386.525.

7.] As
used in subsection 1, teacher means a person who:

(a) Holds a current license to teach issued
pursuant to chapter 391 of NRS or who previously held such a license and is
retired, as long as his or her license was held in good standing; and

(b) Has at least 2 years of experience as an
employed teacher.

Κ The term
does not include a person who is employed as a substitute teacher.

Sec. 7. NRS
386.525 is hereby amended to read as follows:

386.525 1. [Except
as otherwise provided in this subsection, a committee to form a]A charter school may
submit the application to the proposed sponsor of the charter school. [If
the proposed sponsor of a charter school requested that the Department review
the application pursuant to NRS 386.520 and the Department determined that the
applicationwas not substantially complete and compliant pursuant to
that section,the application may not be submitted to the proposed
sponsor for review pursuant to this section.] If an
application proposes to convert an existing public school, homeschool or other
program of home study into a charter school, the proposed sponsor shall deny
the application.

2. The proposed sponsor of a charter school shall, in reviewing
an application to form a charter school:

(a) Assemble
a team of reviewers who possess the appropriate knowledge and expertise with
regard to the academic, financial and organizational experience of charter
schools to review and evaluate the application;

(b) Conduct
a thorough evaluation of the application, which includes an in-person interview
with the committee to form the charter school;

(c) Base
its determination on documented evidence collected through the process of
reviewing the application; and

(d) Adhere
to the policies and practices developed by the proposed sponsor pursuant to
subsection 5 of NRS 386.515.

3. The
proposed sponsor of a charter school may approve an application to form a
charter school only if the proposed sponsor determines that:

(a) The
application:

(1) Complies
with NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of
this act, and the regulations applicable to charter schools; and

(2) Is
complete in accordance with the regulations of the Department; and

(b) The
applicant has demonstrated competence in accordance with the criteria for
approval prescribed by the sponsor pursuant to subsection 5 of NRS 386.515 that
will likely result in a successful opening and operation of the charter school.

4. If
the board of trustees of a school district or a college or a university within
the Nevada System of Higher Education, as applicable, receives an application
to form a charter school, the board of trustees or the institution, as
applicable, shall consider the application at a meeting that must be held not
later than [45]60 days after the receipt of the application,
or a later period
mutually agreed upon by the committee to form the charter school and the board
of trustees of the school district or the institution, as applicable, and
ensure that notice of the meeting has been provided pursuant to chapter 241 of
NRS. [If the proposed sponsor requested that the Department review
the application pursuant to NRS 386.520, the proposed sponsor shall be deemed
to receive the application pursuant to this subsection upon transmittal of the
application from the Department.] The board of trustees,
the college or the university, as applicable, shall review an application [to
determine whether the application:

(a) Complies
with NRS 386.490 to 386.610, inclusive, and the regulations applicable to
charter schools; and

(b) Is
complete in accordance with the regulations of the Department.

3.]in accordance with the requirements for
review set forth in subsections 2 and 3.

5. [The
Department shall assist the board of trustees of a school district, the college
or the university, as applicable, in the review of an application.]
The board of trustees, the college or the university, as applicable, may
approve an application if it satisfies the requirements of [paragraphs (a) and (b) of]
subsection [2.]3.

6. The
board of trustees, the college or the university, as applicable, shall provide
written notice to the applicant of its approval or denial of the application.

[4.] If the board of
trustees, the college or the university, as applicable, denies an application,
it shall include in the written notice the reasons for the denial and the
deficiencies in the application. The applicant must be granted 30 days after
receipt of the written notice to correct any deficiencies identified in the
written notice and resubmit the application.

[5.]7. If the board of trustees, the
college or the university, as applicable, denies an application after it has
been resubmitted pursuant to subsection [4,]6, the applicant may
submit a written request for sponsorship by the State Public Charter School
Authority not more than 30 days after receipt of the written notice of denial.
Any request that is submitted pursuant to this subsection must be accompanied
by the application to form the charter school.

[6.]8. If the State Public Charter
School Authority receives an application pursuant to subsection 1 or [5,]7, it shall consider
the application at a meeting which must be held not later than [45]60 days after
receipt of the application[.]or a later period mutually agreed
upon by the committee to form the charter school and the State Public Charter
School Authority. [If the State Public Charter School Authority requested that
the Department review the application pursuant to NRS 386.520, the State Public
Charter School Authority shall be deemed to receive the application pursuant to
this subsection upon transmittal of the application from the Department.]
Notice of the meeting must be posted in accordance with chapter 241 of NRS. The
State Public Charter School Authority shall review the application in
accordance with the [factors]requirements for review set forth in [paragraphs
(a) and (b) of subsection]subsections 2[.]and 3. [The
Department shall assist the State Public Charter School Authority in the review
of an application.] The State Public Charter School
Authority may approve an application only if it satisfies the requirements of [paragraphs
(a) and (b) of] subsection [2.]3. Not more than 30 days
after the meeting, the State Public Charter School Authority shall provide
written notice of its determination to the applicant.

[7.]9. If the State Public Charter
School Authority denies or fails to act upon an application, the denial or
failure to act must be based upon a finding that the applicant failed to [adequately
address objective criteria established by regulation of the Department or the
State Board.]satisfy
the requirements of subsection 3. The State Public Charter School
Authority shall include in the written notice the reasons for the denial or the
failure to act and the deficiencies in the application. The staff designated by
the State Public Charter School Authority shall meet with the applicant to
confer on the method to correct the identified deficiencies. The applicant must
be granted 30 days after receipt of the written notice to correct any
deficiencies identified in the written notice and resubmit the application.

[8.]10. If the State Public Charter
School Authority denies an application after it has been resubmitted pursuant
to subsection [7,]9, the applicant may, not more than 30 days
after the receipt of the written notice from the State Public Charter School
Authority, appeal the final determination to the district court of the county
in which the proposed charter school will be located.

[9.]11. On or before January 1 of
each odd-numbered year, the Superintendent of Public Instruction shall submit a
written report to the Director of the Legislative Counsel Bureau for
transmission to the next regular session of the Legislature. The report must
include:

(a) A list of each application to form a charter
school that was submitted to the board of trustees of a school district, the
State Public Charter School Authority, a college or a university during the
immediately preceding biennium;

(b) The educational focus of each charter school
for which an application was submitted;

(c) The current status of the application; and

(d) If the application was denied, the reasons
for the denial.

Sec. 8. NRS
386.527 is hereby amended to read as follows:

386.527 1. If the [State
Public Charter School Authority, the board of trustees of a school district or
a college or university within the Nevada System of Higher Education]proposed sponsor of a charter
school approves an application to form a charter school, it shall , before the effective date of this
act, grant a written
charter to the governing body of the charter school or, on or after the
effective date of this act,negotiate and execute a charter [to]contract with the [applicant.] governing body of thecharter school. A charter contract must be executed not
later than 60 days before the charter school commences operation. The charter
contract must be in writing and incorporate, without limitation:

(a) The
performance framework for the charter school;

(b) A
description of the administrative relationship between the sponsor of the
charter school and the governing body of the charter school, including, without
limitation, the rights and duties of the sponsor and the governing body; and

(c) Any
pre-opening conditions which the sponsor has determined are necessary for the
charter school to satisfy before the commencement of operation to ensure that
the charter school meets all building, health, safety, insurance and other
legal requirements.

2. The
charter contract must be signed by a member of the governing body of the
charter school and:

(a) If
the board of trustees of a school district is the sponsor of the charter
school, the superintendent
of schools of the
school district;

(b) If
the State Public Charter School Authority is the sponsor of the charter school,
the Chair of the State Public Charter School Authority; or

(c) If
a college or university within the Nevada System of Higher Education is the
sponsor of the charter school, the president of the college or university.

3. Before
the charter contract is executed, the sponsor of the charter school must approve
the charter contract at a meeting of the sponsor held in accordance with
chapter 241 of NRS.

4. The
[State Public Charter School Authority, the board of trustees,
the college or the university, as applicable,]sponsor of the charter school shall,
not later than 10 days after the [approval]execution of the [application,]charter contract, provide
[written notice] to the Department :

(a) Written
notice of the [approval]charter contract and the date of [the
approval.]execution;
and

(b) A
copy of the charter contract and any other documentation relevant to the
charter contract.

5. If
the board of trustees approves the application, the board of trustees shall be
deemed the sponsor of the charter school.

[2.]6. If the State Public Charter
School Authority approves the application:

(a) The State Public Charter School Authority
shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the State Board,
the State Public Charter School Authority nor the Department is an employer of
the members of the governing body of the charter school or any of the employees
of the charter school.

[3.]7. If a college or university
within the Nevada System of Higher Education approves the application:

(a) That institution shall be deemed the sponsor
of the charter school.

(b) Neither the State of Nevada, the State Board
nor the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.

[4.]8. The governing body of a
charter school may request, at any time, a change in the sponsorship of the
charter school to an entity that is authorized to sponsor charter schools
pursuant to NRS 386.515. The State Board shall adopt:

(a) A process for a charter school that requests
a change in the sponsorship of the charter school, which must not require the
charter school to undergo all the requirements of an initial application to
form a charter school; and

(b) Objective criteria for the conditions under
which such a request may be granted.

[5. Except as otherwise provided in subsection 7,
a written charter]

9. A
written charter or a charter contract, as applicable,must be for a term of 6 years . [unless the governing body of a charter school renews its
initial charter after 3 years of operation pursuant to subsection 2 of NRS
386.530. A written charter must include all conditions of operation set forth
in subsection 4 of NRS 386.520 and include the kind of school, as defined in
subsections 1 to 4, inclusive, of NRS 388.020 for which the charter school is
authorized to operate. If the State Public Charter School Authority or a
college or university within the Nevada System of Higher Education is the
sponsor of the charter school, the written charter must set forth the
responsibilities of the sponsor and the charter school with regard to the
provision of services and programs to pupils with disabilities who are enrolled
in the charter school in accordance with the Individuals with Disabilities
Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to 388.520,
inclusive. As a condition of the issuance of a written charter pursuant to this
subsection, the charter school must agree to comply with all conditions of
operation set forth in NRS 386.550.

6.]The term of the charter contract begins
on the first day of operation of the charter school after the charter contract
has been executed. The sponsor of the charter school may require, or the
governing body of the charter school may request that the sponsor authorize,
the charter school to delay commencement of operation for 1 school year.

10. The
governing body of a charter school may submit to the sponsor of the charter
school a written request for an amendment of the written charter [of the]or charter [school.]contract, as applicable. Such an
amendment may include, without limitation, the expansion of instruction and
other educational services to pupils who are enrolled in grade levels other
than the grade levels of pupils currently approved for enrollment in the
charter school. If the proposed amendment complies with the provisions of NRS
386.490 to 386.610, inclusive, and
sections 2 to 3.5,
inclusive, of this act, and any other
statute or regulation applicable to charter schools, the sponsor and the
governing body of the charter school may amend the written charter or charter
contract, as applicable, in accordance with the proposed amendment.

of this act, and
any other statute or regulation applicable to charter schools, the sponsor and the governing body of the charter
school may amend the written charter or charter contract, as applicable,in accordance with the
proposed amendment. If the sponsor denies the request for an amendment, the
sponsor shall provide written notice to the governing body of the charter
school setting forth the reasons for the denial.

[7. The State Board shall adopt objective
criteria for the issuance of a written charter to an applicant who is not
prepared to commence operation on the date of issuance of the written charter.
The criteria must include, without limitation, the:

(a) Period
for which such a written charter is valid; and

(b) Timelines
by which the applicant must satisfy certain requirements demonstrating its
progress in preparing to commence operation.

Κ A holder
of such a written charter may apply for grants of money to prepare the charter
school for operation. A written charter issued pursuant to this subsection must
not be designated as a conditional charter or a provisional charter or
otherwise contain any other designation that would indicate the charter is
issued for a temporary period.

8. The holder of a written charter that is issued
pursuant to subsection 7]

11. A
charter school shall not commence operation [of the charter school]
and is not eligible to receive apportionments pursuant to NRS 387.124 until the
sponsor has determined that the requirements [adopted by the State
Board pursuant to subsection 7]of this section have been satisfied and that
the facility the charter school will occupy has been inspected and meets the
requirements of any applicable building codes, codes for the prevention of
fire, and codes pertaining to safety, health and sanitation. Except as
otherwise provided in this subsection, the sponsor shall make such a
determination 30 days before the first day of school for the:

(a) Schools of the school district in which the
charter school is located that operate on a traditional school schedule and not
a year-round school schedule; or

(b) Charter school,

Κ whichever
date the sponsor selects. The sponsor shall not require a charter school to
demonstrate compliance with the requirements of this subsection more than 30
days before the date selected. However, it may authorize a charter school to
demonstrate compliance less than 30 days before the date selected.

Sec. 8.5. NRS
386.527 is hereby amended to read as follows:

386.527 1. If the proposed
sponsor of a charter school approves an application to form a charter school,
it shall[,
before the effective date of this act, grant a written charter to the governing
body of the charter school or, on or after the effective date of this act,]
negotiate and execute a charter contract with the governing body of the charter
school. A charter contract must be executed not later than 60 days before the
charter school commences operation. The charter contract must be in writing and
incorporate, without limitation:

(a) The performance framework for the charter
school;

(b) A description of the administrative
relationship between the sponsor of the charter school and the governing body
of the charter school, including, without limitation, the rights and duties of
the sponsor and the governing body; and

(c) Any pre-opening conditions which the sponsor
has determined are necessary for the charter school to satisfy before the
commencement of operation to ensure that the charter school meets all building,
health, safety, insurance and other legal requirements.

2. The charter contract must be signed by
a member of the governing body of the charter school and:

(a) If the board of trustees of a school district
is the sponsor of the charter school, the superintendent of schools of the
school district;

(b) If the State Public Charter School Authority
is the sponsor of the charter school, the Chair of the State Public Charter
School Authority; or

(c) If a college or university within the Nevada
System of Higher Education is the sponsor of the charter school, the president
of the college or university.

3. Before the charter contract is executed,
the sponsor of the charter school must approve the charter contract at a
meeting of the sponsor held in accordance with chapter 241 of NRS.

4. The sponsor of the charter school shall,
not later than 10 days after the execution of the charter contract, provide to
the Department:

(a) Written notice of the charter contract and
the date of execution; and

(b) A copy of the charter contract and any other
documentation relevant to the charter contract.

5. If the board of trustees approves the
application, the board of trustees shall be deemed the sponsor of the charter
school.

6. If the State Public Charter School
Authority approves the application:

(a) The State Public Charter School Authority
shall be deemed the sponsor of the charter school.

(b) Neither the State of Nevada, the State Board,
the State Public Charter School Authority nor the Department is an employer of
the members of the governing body of the charter school or any of the employees
of the charter school.

7. If a college or university within the
Nevada System of Higher Education approves the application:

(a) That institution shall be deemed the sponsor
of the charter school.

(b) Neither the State of Nevada, the State Board
nor the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.

8. The governing body of a charter school
may request, at any time, a change in the sponsorship of the charter school to
an entity that is authorized to sponsor charter schools pursuant to NRS
386.515. The State Board shall adopt:

(a) A process for a charter school that requests
a change in the sponsorship of the charter school, which must not require the
charter school to undergo all the requirements of an initial application to
form a charter school; and

(b) Objective criteria for the conditions under
which such a request may be granted.

9. A [written charter or a]
charter contract[,
as applicable,] must be for a term of 6 years. The term of
the charter contract begins on the first day of operation of the charter school
after the charter contract has been executed. The sponsor of the charter school
may require, or the governing body of the charter school
may request that the sponsor authorize, the charter school to delay
commencement of operation for 1 school year.

charter school may request that the sponsor authorize, the
charter school to delay commencement of operation for 1 school year.

10. The governing body of a charter school
may submit to the sponsor of the charter school a written request for an
amendment of the [written charter or] charter contract . [, as applicable.]
Such an amendment may include, without limitation, the expansion of instruction
and other educational services to pupils who are enrolled in grade levels other
than the grade levels of pupils currently approved for enrollment in the
charter school. If the proposed amendment complies with the provisions of NRS
386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and
any other statute or regulation applicable to charter schools, the sponsor and
the governing body of the charter school may amend the [written charter or]
charter contract[,
as applicable,] in accordance with the proposed amendment.
If the sponsor denies the request for an amendment, the sponsor shall provide
written notice to the governing body of the charter school setting forth the
reasons for the denial.

11. A charter school shall not commence
operation and is not eligible to receive apportionments pursuant to NRS 387.124
until the sponsor has determined that the requirements of this section have
been satisfied and that the facility the charter school will occupy has been
inspected and meets the requirements of any applicable building codes, codes
for the prevention of fire, and codes pertaining to safety, health and
sanitation. Except as otherwise provided in this subsection, the sponsor shall
make such a determination 30 days before the first day of school for the:

(a) Schools of the school district in which the
charter school is located that operate on a traditional school schedule and not
a year-round school schedule; or

(b) Charter school,

Κ whichever
date the sponsor selects. The sponsor shall not require a charter school to
demonstrate compliance with the requirements of this subsection more than 30
days before the date selected. However, it may authorize a charter school to
demonstrate compliance less than 30 days before the date selected.

Sec. 9. NRS
386.530 is hereby amended to read as follows:

386.530 1. [Except
as otherwise provided in subsection 2,]On or before June 30 immediately
preceding the final school year in which a charter school is authorized to
operate pursuant to its charter contract, the sponsor of the charter school
shall submit to the governing body of the charter school a written report
summarizing the performance of the charter school during the term of the
charter contract, including, without limitation:

(a) A
summary of the performance of the charter school based upon the terms of the
charter contract and the requirements of NRS 386.490 to 386.610, inclusive, and
sections 2 to 3.5,
inclusive, of this
act;

(b) An
identification of any deficiencies relating to the performance of the charter
school which the sponsor has determined may result in nonrenewal of the charter
contract if the deficiencies remain uncorrected;

(c) Requirements
for the application for renewal of the charter contract submitted to the
sponsor pursuant to subsection 2; and

(d) The
criteria that the sponsor will apply in making a determination on the
application for renewal based upon the performance framework for the
charter school and the requirements of NRS 386.490 to 386.610, inclusive, and
sections 2 to 3.5, inclusive, of this act.

the charter
school and the
requirements of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act.

2. The
governing body of a charter school may submit a written response to the sponsor
of the charter school concerning the performance report prepared by the sponsor
pursuant to subsection 1, which
may include any revisions or clarifications that the governing body seeks to
make to the report.

3. If
a charter school seeks to renew its charter contract, the governing body of the
charter school shall submit an application for renewal [of
a written charter may be submitted] to the sponsor of the
charter school [not less than 120 days before the expiration of the charter.
The application must include the information prescribed by the regulations of
the Department. The sponsor shall conduct an intensive review and evaluation of
the charter school in accordance with the regulations of the Department. The
sponsor shall renew the charter unless it finds the existence of any ground for
revocation set forth in NRS 386.535. The sponsor shall provide written notice
of its determination not fewer than 30 days before the expiration of the
charter. If the sponsor intends not to renew the charter, the written notice
must:

(a) Include
a statement of the deficiencies or reasons upon which the action of the sponsor
is based; and

(b) Prescribe
a period of not less than 30 days during which the charter school may correct
any such deficiencies.

Κ If the
charter school corrects the deficiencies to the satisfaction of the sponsor
within the time prescribed in paragraph (b), the sponsor shall renew the
charter of the charter school.

2. A
charter school may submit an application for renewal of its initial charter
after 3 years of operation of the charter school. The application must include
the information prescribed by the regulations of the Department. The sponsor
shall conduct an intensive review and evaluation of the charter school in
accordance with the regulations of the Department. The sponsor shall renew the
charter unless it finds the existence of any ground for revocation set forth in
NRS 386.535. The sponsor shall provide written notice of its determination. If
the sponsor intends not to renew the charter, the written notice must:

(a) Include
a statement of the deficiencies or reasons upon which the action of the sponsor
is based; and

(b) Prescribe
a period of not less than 30 days during which the charter school may correct
any such deficiencies.

Κ If the
charter school corrects the deficiencies to the satisfaction of the sponsor
within the time prescribed in paragraph (b), the sponsor shall renew the
charter of the charter school.] on or before October 15 of the final school year in which
the charter school is authorized to operate pursuant to its charter contract.
The application for renewal must include, without limitation:

(a) The
requirements for the application identified by the sponsor in the performance
report prepared by the sponsor pursuant to subsection 1;

(b) A
description of the academic, financial and organizational vision and plans for the charter school for the next charter
term;

(c) Any
information or data that the governing body of the charter school determines
supports the renewal of the charter contract in addition to the information contained in the performance report prepared
by the sponsor pursuant to subsection 1 and any response submitted by the
governing body pursuant to subsection 2; and

to the
information contained in the performance report prepared by the sponsor
pursuant to subsection 1 and any response submitted by the governing body
pursuant to subsection 2; and

(d) A
description of any improvements to the charter school already undertaken or
planned.

4. The
sponsor of a charter school shall consider the application for renewal of the charter contract at a meeting held in accordance with
chapter 241 of NRS. The sponsor shall provide written notice to the governing
body of the charter school concerning its determination on the application for
renewal of the charter contract not more than 60 days after receipt of the
application for renewal from the governing body. The determination of the
sponsor must be based upon:

(a) The
criteria of the sponsor for the renewal of charter contracts; and

(b) Evidence
of the performance of the charter school during the term of the charter
contract in accordance with the performance framework for the charter school.

5. The
sponsor of the charter school shall:

(a) Make
available to the governing body of the charter school the data used in making
the renewal decision; and

(b) Post
a report on the Internet website of the sponsor summarizing the decision of the
sponsor on the application for renewal and the basis for its decision.

6. A
charter contract may be renewed for a term of 6 years.

Sec. 10. NRS
386.535 is hereby amended to read as follows:

386.535 Except as otherwise provided in section 3.5 of this act:

1. The sponsor of a charter school may revoke
[the] a written charter [of the]or terminate a charter [school]contract before the
expiration of the charter if the sponsor determines that:

(a) The charter school, its officers or its
employees :[have
failed to comply with:]

(1) [The]Committed a material
breach of the terms
and conditions of the written charter[;

(3) [The]Failed to comply with the provisions
of NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, or any other statute or
regulation applicable to charter schools; or

(4) If the charter school holds a charter contract, has persistently underperformed, as measured
by the performance indicators, measures and metrics set forth in the
performance framework for the charter school;

(b) The charter school has filed for a voluntary
petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise
financially impaired such that the charter school cannot continue to operate;
or

(c) There is reasonable cause to believe that revocation ortermination is necessary to protect the health
and safety of the pupils who are enrolled in the charter school or persons who
are employed by the charter school from jeopardy, or to prevent damage to or
loss of the property of the school district or the community in which the
charter school is located.

2. Before the sponsor revokes a written charter orterminates a charter[,]contract, the sponsor
shall provide written notice of its intention to the governing body of the
charter school. The written notice must:

(a) Include a statement of the deficiencies or
reasons upon which the action of the sponsor is based;

(b) Except as otherwise provided in subsection 4,
prescribe a period, not less than 30 days, during which the charter school may
correct the deficiencies, including, without limitation, the date on which the
period to correct the deficiencies begins and the date on which that period
ends;

(c) Prescribe the date on which the sponsor will
make a determination regarding whether the charter school has corrected the
deficiencies, which determination may be made during the public hearing held
pursuant to subsection 3; and

(d) Prescribe the date on which the sponsor will
hold a public hearing to consider whether to revoke the written charter or terminate the charter[.]contract.

3. Except as otherwise provided in
subsection 4, not more than 90 days after the notice is provided pursuant to
subsection 2, the sponsor shall hold a public hearing to make a determination
regarding whether to revoke the
written charter orterminate
the [written] charter[.]contract. If the charter
school corrects the deficiencies to the satisfaction of the sponsor within the
time prescribed in paragraph (b) of subsection 2, the sponsor shall not revoke the written charter orterminate the [written]
charter contract of
the charter school. The sponsor may not include in a written notice pursuant to
subsection 2 any deficiency which was included in a previous written notice and
which was corrected by the charter school, unless the deficiency recurred after
being corrected.

4. The sponsor of a charter school and the
governing body of the charter school may enter into a written agreement that
prescribes different time periods than those set forth in subsections 2 and 3.

5. If the written charter is revoked or the charter contract is terminated, the
sponsor of the charter school shall submit a written report to the Department
and the governing body of the charter school setting forth the reasons for the
termination not later than 10 days after revoking
the written charter or terminating the charter contract.

Sec. 10.5. NRS
386.535 is hereby amended to read as follows:

386.535 Except as otherwise provided in
section 3.5 of this act:

1. The sponsor of a charter school may [revoke
a written charter or] terminate a charter contract before
the expiration of the charter if the sponsor determines that:

(a) The charter school, its officers or its
employees:

(1) Committed a material breach of the terms
and conditions of the [written charter or] charter contract;

(4) [If the charter school
holds a charter contract, has]Has persistently underperformed, as measured
by the performance indicators, measures and metrics set forth in the
performance framework for the charter school;

(b) The charter school has filed for a voluntary
petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise
financially impaired such that the charter school cannot continue to operate;
or

(c) There is reasonable cause to believe that [revocation
or] termination is necessary to protect the health and
safety of the pupils who are enrolled in the charter school or persons who are
employed by the charter school from jeopardy, or to prevent damage to or loss
of the property of the school district or the community in which the charter
school is located.

2. Before the sponsor [revokes a written charter
or] terminates a charter contract, the sponsor shall
provide written notice of its intention to the governing body of the charter
school. The written notice must:

(a) Include a statement of the deficiencies or
reasons upon which the action of the sponsor is based;

(b) Except as otherwise provided in subsection 4,
prescribe a period, not less than 30 days, during which the charter school may
correct the deficiencies, including, without limitation, the date on which the
period to correct the deficiencies begins and the date on which that period
ends;

(c) Prescribe the date on which the sponsor will
make a determination regarding whether the charter school has corrected the
deficiencies, which determination may be made during the public hearing held
pursuant to subsection 3; and

(d) Prescribe the date on which the sponsor will
hold a public hearing to consider whether to [revoke the written
charter or] terminate the charter contract.

3. Except as otherwise provided in
subsection 4, not more than 90 days after the notice is provided pursuant to
subsection 2, the sponsor shall hold a public hearing to make a determination
regarding whether to [revoke the written charter or] terminate
the charter contract. If the charter school corrects the deficiencies to the
satisfaction of the sponsor within the time prescribed in paragraph (b) of
subsection 2, the sponsor shall not [revoke the written
charter or] terminate the charter contract of the charter
school. The sponsor may not include in a written notice pursuant to subsection 2
any deficiency which was included in a previous written notice and which was
corrected by the charter school, unless the deficiency recurred after being
corrected.

4. The sponsor of a charter school and the
governing body of the charter school may enter into a written agreement that
prescribes different time periods than those set forth in subsections 2 and 3.

5. If the [written charter is
revoked or the] charter contract is terminated, the
sponsor of the charter school shall submit a written report to the Department
and the governing body of the charter school setting forth the reasons for the
termination not later than 10 days after [revoking the written
charter or] terminating the charter contract

Sec. 11. NRS
386.536 is hereby amended to read as follows:

386.536 1. Except as
otherwise provided in subsections 2 and 3, if a charter school ceases to
operate voluntarily , if a charter contract is not renewed
or upon revocation of a written
charter or termination
of [its written]a charter[,]contract, the governing
body of the charter school shall appoint an administrator
of the charter school, subject to the approval of the sponsor of the charter
school, to act as a trustee during the process of the closure of the charter
school and for 1 year after the date of closure.

appoint an administrator of the charter school, subject to
the approval of the sponsor of the charter school, to act as a trustee during
the process of the closure of the charter school and for 1 year after the date
of closure. The administrator shall assume the responsibility for the records
of the:

(a) Charter school;

(b) Employees of the charter school; and

(c) Pupils enrolled in the charter school.

2. If an administrator for the charter
school is no longer available to carry out the duties set forth in subsection
1, the governing body of the charter school shall appoint a qualified person to
assume those duties.

3. If the governing body of the charter
school ceases to exist or is otherwise unable to appoint an administrator
pursuant to subsection 1 or a qualified person pursuant to subsection 2, the
sponsor of the charter school shall appoint an administrator or a qualified
person to carry out the duties set forth in subsection 1.

4. The governing body of the charter
school or the sponsor of the charter school may, to the extent practicable, provide
financial compensation to the administrator or person appointed to carry out
the provisions of this section. If the sponsor of the charter school provides
such financial compensation, the sponsor is entitled to receive reimbursement
from the charter school for the costs incurred by the sponsor in providing the
financial compensation. Such reimbursement must not exceed costs incurred for a
period longer than 6 months.

Sec. 11.5. NRS
386.536 is hereby amended to read as follows:

386.536 1. Except as
otherwise provided in subsections 2 and 3, if a charter school ceases to
operate voluntarily, if a charter contract is not renewed or upon [revocation
of a written charter or] termination of a charter
contract, the governing body of the charter school shall appoint an
administrator of the charter school, subject to the approval of the sponsor of
the charter school, to act as a trustee during the process of the closure of
the charter school and for 1 year after the date of closure. The administrator
shall assume the responsibility for the records of the:

(a) Charter school;

(b) Employees of the charter school; and

(c) Pupils enrolled in the charter school.

2. If an administrator for the charter
school is no longer available to carry out the duties set forth in subsection
1, the governing body of the charter school shall appoint a qualified person to
assume those duties.

3. If the governing body of the charter
school ceases to exist or is otherwise unable to appoint an administrator
pursuant to subsection 1 or a qualified person pursuant to subsection 2, the
sponsor of the charter school shall appoint an administrator or a qualified
person to carry out the duties set forth in subsection 1.

4. The governing body of the charter
school or the sponsor of the charter school may, to the extent practicable, provide
financial compensation to the administrator or person appointed to carry out
the provisions of this section. If the sponsor of the charter school provides
such financial compensation, the sponsor is entitled to receive reimbursement
from the charter school for the costs incurred by the sponsor in providing the
financial compensation. Such reimbursement must not exceed costs incurred for a
period longer than 6 months.

(a) The process for submission of an application pursuant to NRS 386.515 by
the board of trustees of a school district or a college or university within the Nevada System of
Higher Education to the Department for authorization to sponsor
charter schools ,[and] the contents of
the application[;] , the process for the Department to
review the application and the timeline for review;

(b) The
process for the Department to conduct a comprehensive review of the sponsors of
charter schools that it has approved for sponsorship pursuant to NRS 386.515 at
least once every 3 years;

(c) The
process for the Department to determine whether to continue or to revoke the
authorization of a board of trustees of a school district or a college or
university within the Nevada System of Higher Education to sponsor charter
schools;

(d) The
process for submission of an application to form a charter school to the board
of trustees of a school district, the State Public Charter School Authority and
a college or university within the Nevada System of Higher Education, and the
contents of the application;

[(c)](e) The process for
submission of an application to renew a [written]
charter[;] contract;

[(d)](f) The criteria and
type of investigation that must be applied by the board of trustees, the State
Public Charter School Authority and a college or university within the Nevada
System of Higher Education in determining whether to approve an application to
form a charter school, an application to renew a [written]
charter contract or
a request for an amendment of a written charter[;]or a charter contract; and

[(e)](g) The process for
submission of an amendment of a written charter or a charter contract pursuant to NRS 386.527 and the
contents of the application.

2. The Department may adopt regulations as
it determines are necessary to carry out the provisions of NRS 386.490 to
386.610, inclusive, and sections 2
to 3.5, inclusive, of this act, including,
without limitation, regulations that prescribe the:

(a) Procedures for accounting and budgeting;

(b) Requirements for performance audits and
financial audits of charter schools on an annual basis for charter schools that
do not satisfy the requirements of subsection 1 of NRS 386.5515; and

(c) Requirements for performance audits every 3
years and financial audits on an annual basis for charter schools that satisfy
the requirements of subsection 1 of NRS 386.5515.

Sec. 12.5. NRS
386.540 is hereby amended to read as follows:

386.540 1. The Department
shall adopt regulations that prescribe:

(a) The process for submission of an application pursuant
to NRS 386.515 by the board of trustees of a school district or a college or
university within the Nevada System of Higher Education to the Department for
authorization to sponsor charter schools, the contents of the application, the
process for the Department to review the application and the timeline for review;

(b) The process for the Department to conduct a
comprehensive review of the sponsors of charter schools that it has approved
for sponsorship pursuant to NRS 386.515 at least once every 3 years;

(c) The process for the Department to determine
whether to continue or to revoke the authorization of a board of trustees of a
school district or a college or university within the Nevada System of Higher
Education to sponsor charter schools;

(d) The process for submission of an application
to form a charter school to the board of trustees of a school district, the
State Public Charter School Authority and a college or university within the
Nevada System of Higher Education, and the contents of the application;

(e) The process for submission of an application
to renew a charter contract;

(f) The criteria and type of investigation that
must be applied by the board of trustees, the State Public Charter School
Authority and a college or university within the Nevada System of Higher
Education in determining whether to approve an application to form a charter
school, an application to renew a charter contract or a request for an amendment
of a [written charter or a] charter contract; and

(g) The process for submission of an amendment of
a [written charter or a] charter contract pursuant
to NRS 386.527 and the contents of the application.

2. The Department may adopt regulations as
it determines are necessary to carry out the provisions of NRS 386.490 to
386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, including,
without limitation, regulations that prescribe the:

(a) Procedures for accounting and budgeting;

(b) Requirements for performance audits and
financial audits of charter schools on an annual basis for charter schools that
do not satisfy the requirements of subsection 1 of NRS 386.5515; and

(c) Requirements for performance audits every 3
years and financial audits on an annual basis for charter schools that satisfy
the requirements of subsection 1 of NRS 386.5515.

Sec. 13. NRS
386.551 is hereby amended to read as follows:

386.551 The provisions of NRS 386.490 to
386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and any other statute or
regulation applicable to a charter school or its officers or employees govern
the formation and operation of charter schools in this State. [Upon
the first renewal of a written charter and each renewal thereafter, the sponsor
of a charter school shall not prescribe additional requirements or otherwise
require a charter school to comply with additional terms or conditions unless
the sponsor is specifically authorized by statute, regulation or the written
charter.]

Sec. 14. NRS
386.561 is hereby amended to read as follows:

386.561 1. The governing body
of a charter school may contract with the sponsor of the charter school for the
purchase of services, excluding those services which are covered by the
sponsorship fee paid to the sponsor pursuant to NRS 386.570. If the governing
body of a charter school elects to purchase such services, the governing body
and the sponsor shall enter into an annual service agreement which is separate
from the written charter or
charter contract of
the charter school[.] , as applicable.

2. If a service agreement is entered into
pursuant to this section, the sponsor of the charter school shall, not later
than August 1 after the completion of the school year, provide to the governing
body of the charter school an itemized accounting of the actual costs of those
services purchased by the charter school.

by the charter school. Any difference between the amount paid
by the charter school pursuant to the service agreement and the actual cost for
those services must be reconciled and paid to the party to whom it is due. If
the governing body or the sponsor disputes the amount due, the party making the
dispute may request an independent review by the Department, whose
determination is final.

3. The governing body of a charter school
may not be required to enter into a service agreement pursuant to this section
as a condition to approval of its [written]
charter contract by
the sponsor of the charter school or as a condition to renewal of the [written]
charter[.] contract.

Sec. 14.5. NRS
386.561 is hereby amended to read as follows:

386.561 1. The governing body
of a charter school may contract with the sponsor of the charter school for the
purchase of services, excluding those services which are covered by the
sponsorship fee paid to the sponsor pursuant to NRS 386.570. If the governing
body of a charter school elects to purchase such services, the governing body
and the sponsor shall enter into an annual service agreement which is separate
from the [written charter or] charter contract of
the charter school . [,
as applicable.]

2. If a service agreement is entered into
pursuant to this section, the sponsor of the charter school shall, not later
than August 1 after the completion of the school year, provide to the governing
body of the charter school an itemized accounting of the actual costs of those
services purchased by the charter school. Any difference between the amount
paid by the charter school pursuant to the service agreement and the actual
cost for those services must be reconciled and paid to the party to whom it is
due. If the governing body or the sponsor disputes the amount due, the party
making the dispute may request an independent review by the Department, whose
determination is final.

3. The governing body of a charter school
may not be required to enter into a service agreement pursuant to this section
as a condition to approval of its charter contract by the sponsor of the
charter school or as a condition to renewal of the charter contract.

Sec. 15. NRS
386.565 is hereby amended to read as follows:

386.565 The board of trustees of a school
district in which a charter school is located shall not:

1. Assign any pupil who is enrolled in a
public school in the school district or any employee who is employed in a
public school in the school district to a charter school.

2. Interfere with the operation and
management of the charter school except as authorized by the written charter[,]or charter contract, as applicable, NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this act, and any other
statute or regulation applicable to charter schools or its officers or
employees.

Sec. 15.5. NRS
386.565 is hereby amended to read as follows:

386.565 The board of trustees of a school
district in which a charter school is located shall not:

1. Assign any pupil who is enrolled in a
public school in the school district or any employee who is employed in a
public school in the school district to a charter school.

2. Interfere with the operation and
management of the charter school except as authorized by the [written
charter or] charter contract, [as applicable,] NRS 386.490 to 386.610, inclusive, and sections 2
to 3.5, inclusive, of this act, and any other statute or regulation applicable
to charter schools or its officers or employees.

applicable,]
NRS 386.490 to 386.610, inclusive, and sections 2 to 3.5, inclusive, of this
act, and any other statute or regulation applicable to charter schools or its
officers or employees.

Sec. 16. NRS
386.578 is hereby amended to read as follows:

386.578 1. If the governing
body of a charter school has a written charter issued or a charter contract executed pursuant to NRS 386.527, the
governing body may submit an application to the Department for a loan from the
Account for Charter Schools. An application must include a written description of
the manner in which the loan will be used to prepare the charter school for its
first year of operation or to improve a charter school that has been in
operation.

2. The Department shall, within the limits
of money available for use in the Account, make loans to charter schools whose
applications have been approved. If the Department makes a loan from the
Account, the Department shall ensure that the contract for the loan includes
all terms and conditions for repayment of the loan.

3. The State Board:

(a) Shall adopt regulations that prescribe the:

(1) Annual deadline for submission of an
application to the Department by a charter school that desires to receive a
loan from the Account; and

(2) Period for repayment and the rate of
interest for loans made from the Account.

(b) May adopt such other regulations as it deems
necessary to carry out the provisions of this section and NRS 386.576 and
386.577.

Sec. 16.5. NRS
386.578 is hereby amended to read as follows:

386.578 1. If the governing
body of a charter school has a [written charter issued or a] charter
contract executed pursuant to NRS 386.527, the governing body may submit an
application to the Department for a loan from the Account for Charter Schools.
An application must include a written description of the manner in which the
loan will be used to prepare the charter school for its first year of operation
or to improve a charter school that has been in operation.

2. The Department shall, within the limits
of money available for use in the Account, make loans to charter schools whose
applications have been approved. If the Department makes a loan from the
Account, the Department shall ensure that the contract for the loan includes
all terms and conditions for repayment of the loan.

3. The State Board:

(a) Shall adopt regulations that prescribe the:

(1) Annual deadline for submission of an
application to the Department by a charter school that desires to receive a
loan from the Account; and

(2) Period for repayment and the rate of
interest for loans made from the Account.

(b) May adopt such other regulations as it deems
necessary to carry out the provisions of this section and NRS 386.576 and
386.577.

Sec. 17. NRS
386.580 is hereby amended to read as follows:

386.580 1. An application for
enrollment in a charter school may be submitted to the governing body of the
charter school by the parent or legal guardian of any
child who resides in this State.

guardian of any child who resides in this State. Except as
otherwise provided in this subsection and subsection 2, a charter school shall
enroll pupils who are eligible for enrollment in the order in which the
applications are received. If the board of trustees of the school district in
which the charter school is located has established zones of attendance
pursuant to NRS 388.040, the charter school shall, if practicable, ensure that
the racial composition of pupils enrolled in the charter school does not differ
by more than 10 percent from the racial composition of pupils who attend public
schools in the zone in which the charter school is located. If a charter school
is sponsored by the board of trustees of a school district located in a county
whose population is 100,000 or more, except for a program of distance education
provided by the charter school, the charter school shall enroll pupils who are
eligible for enrollment who reside in the school district in which the charter
school is located before enrolling pupils who reside outside the school
district. Except as otherwise provided in subsection 2, if more pupils who are
eligible for enrollment apply for enrollment in the charter school than the
number of spaces which are available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.

2. Before a charter school enrolls pupils
who are eligible for enrollment, a charter school [that is dedicated to
providing educational programs and opportunities to pupils who are at risk]
may enroll a child who:

(a) Is a sibling of a pupil who is currently
enrolled in the charter school;

(b) Was enrolled, free of charge and on the basis of a lottery
system, in a prekindergarten program at the charter school or any other early
childhood educational program affiliated with the charter school;

(c) Is a child of a person [employed in a full-time
position]who
is:

(1) Employed
by the charter school;

(2) A
member of the committee to form the charter school; or

(3) A
member of the governing body of the charter school;

(d) Is in a particular category of at-risk pupils
and the child meets the eligibility for enrollment prescribed by the charter
school for that particular category; or

(e) Resides within the school district and within
2 miles of the charter school if the charter school is located in an area that
the sponsor of the charter school determines includes a high percentage of
children who are at risk. If space is available after the charter school
enrolls pupils pursuant to this paragraph, the charter school may enroll
children who reside outside the school district but within 2 miles of the
charter school if the charter school is located within an area that the sponsor
determines includes a high percentage of children who are at risk.

Κ If more
pupils described in this subsection who are eligible apply for enrollment than
the number of spaces available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.

3. Except as otherwise provided in
subsection 8, a charter school shall not accept applications for enrollment in
the charter school or otherwise discriminate based on the:

4. If the governing body of a charter
school determines that the charter school is unable to provide an appropriate
special education program and related services for a particular disability of a
pupil who is enrolled in the charter school, the governing body may request
that the board of trustees of the school district of the county in which the
pupil resides transfer that pupil to an appropriate school.

5. Except as otherwise provided in this
subsection, upon the request of a parent or legal guardian of a child who is
enrolled in a public school of a school district or a private school, or a
parent or legal guardian of a homeschooled child, the governing body of the
charter school shall authorize the child to participate in a class that is not
otherwise available to the child at his or her school or homeschool or
participate in an extracurricular activity at the charter school if:

(a) Space for the child in the class or
extracurricular activity is available;

(b) The parent or legal guardian demonstrates to
the satisfaction of the governing body that the child is qualified to
participate in the class or extracurricular activity; and

(c) The child is a homeschooled child and a
notice of intent of a homeschooled child to participate in programs and
activities is filed for the child with the school district in which the child
resides for the current school year pursuant to NRS 392.705.

Κ If the
governing body of a charter school authorizes a child to participate in a class
or extracurricular activity pursuant to this subsection, the governing body is
not required to provide transportation for the child to attend the class or
activity. A charter school shall not authorize such a child to participate in a
class or activity through a program of distance education provided by the
charter school pursuant to NRS 388.820 to 388.874, inclusive.

6. The governing body of a charter school
may revoke its approval for a child to participate in a class or
extracurricular activity at a charter school pursuant to subsection 5 if the
governing body determines that the child has failed to comply with applicable
statutes, or applicable rules and regulations. If the governing body so revokes
its approval, neither the governing body nor the charter school is liable for
any damages relating to the denial of services to the child.

7. The governing body of a charter school
may, before authorizing a homeschooled child to participate in a class or
extracurricular activity pursuant to subsection 5, require proof of the
identity of the child, including, without limitation, the birth certificate of
the child or other documentation sufficient to establish the identity of the
child.

8. This section does not preclude the
formation of a charter school that is dedicated to provide educational services
exclusively to pupils:

(a) With disabilities;

(b) Who pose such severe disciplinary problems
that they warrant a specific educational program, including, without
limitation, a charter school specifically designed to serve a single gender
that emphasizes personal responsibility and rehabilitation; or

Κ If more
eligible pupils apply for enrollment in such a charter school than the number
of spaces which are available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.

Sec. 18. NRS
386.595 is hereby amended to read as follows:

386.595 1. All employees of a
charter school shall be deemed public employees.

2. The governing body of a charter school
may make all decisions concerning the terms and conditions of employment with
the charter school and any other matter relating to employment with the charter
school. In addition, the governing body may make all employment decisions with
regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless
a collective bargaining agreement entered into by the governing body pursuant
to chapter 288 of NRS contains separate provisions relating to the discipline
of licensed employees of a school.

3. Upon the request of the governing body
of a charter school, the board of trustees of a school district shall, with the
permission of the licensed employee who is seeking employment with the charter
school, transmit to the governing body a copy of the employment record of the
employee that is maintained by the school district. The employment record must
include, without limitation, each evaluation of the licensed employee conducted
by the school district and any disciplinary action taken by the school district
against the licensed employee.

4. Except as otherwise provided in this
subsection, if the written charter of a charter school is revoked or a charter contract is terminated, as applicable,or if a charter school ceases to operate as a charter
school, the licensed employees of the charter school must be reassigned to
employment within the school district in accordance with the applicable
collective bargaining agreement. A school district is not required to reassign
a licensed employee of a charter school pursuant to this subsection if the
employee:

(a) Was not granted a leave of absence by the
school district to accept employment at the charter school pursuant to
subsection 5;

(b) Was granted a leave of absence by the school
district and did not submit a written request to return to employment with the
school district in accordance with subsection 5; or

(c) Does not comply with or is otherwise not
eligible to return to employment pursuant to subsection 6, including, without
limitation, the refusal of the licensed employee to allow the school district to
obtain the employment record of the employee that is maintained by the charter
school.

5. The board of trustees of a school
district shall grant a leave of absence, not to exceed 3 years, to any licensed
employee who is employed by the board of trustees who requests such a leave of
absence to accept employment with a charter school. After the first school year
in which a licensed employee is on a leave of absence, the employee may return
to a comparable teaching position with the board of trustees. After the third
school year, a licensed employee shall either submit a written request to
return to a comparable teaching position or resign from the position for which
the employees leave was granted. The board of trustees shall grant a written
request to return to a comparable position pursuant to this subsection even if
the return of the licensed employee requires the board of trustees to reduce
the existing workforce of the school district. The board of trustees is not required to accept the return of the licensed employee if
the employee does not comply with or is otherwise not eligible to return to
employment pursuant to subsection 6, including, without limitation, the refusal
of the licensed employee to allow the school district to obtain the employment record
of the employee that is maintained by the charter school.

not required to accept the return of the licensed employee if
the employee does not comply with or is otherwise not eligible to return to
employment pursuant to subsection 6, including, without limitation, the refusal
of the licensed employee to allow the school district to obtain the employment
record of the employee that is maintained by the charter school. The board of
trustees may require that a request to return to a comparable teaching position
submitted pursuant to this subsection be submitted at least 90 days before the
employee would otherwise be required to report to duty.

6. Upon the request of the board of
trustees of a school district, the governing body of a charter school shall,
with the permission of the licensed employee who is granted a leave of absence
from the school district pursuant to this section, transmit to the school
district a copy of the employment record of the employee that is maintained by
the charter school before the return of the employee to employment with the
school district pursuant to subsection 4 or 5. The employment record must
include, without limitation, each evaluation of the licensed employee conducted
by the charter school and any disciplinary action taken by the charter school
against the licensed employee. Before the return of the licensed employee, the
board of trustees of the school district may conduct an investigation into any
misconduct of the licensed employee during the leave of absence from the school
district and take any appropriate disciplinary action as to the status of the
person as an employee of the school district, including, without limitation:

(a) The dismissal of the employee from employment
with the school district; or

(b) Upon the employees return to employment with
the school district, documentation of the disciplinary action taken against the
employee into the employment record of the employee that is maintained by the
school district.

7. If
a school district conducts an investigation pursuant to subsection 6:

(a) The licensed employee is not entitled to
return to employment with the school district until the investigation is
complete; and

(b) The investigation must be conducted within a
reasonable time.

8. A licensed employee who is on a leave
of absence from a school district pursuant to this section:

(a) Shall contribute to and be eligible for all
benefits for which the employee would otherwise be entitled, including, without
limitation, participation in the Public Employees Retirement System and
accrual of time for the purposes of leave and retirement.

(b) Continues, while the employee is on leave, to
be covered by the collective bargaining agreement of the school district only
with respect to any matter relating to his or her status or employment with the
district.

Κ The time
during which such an employee is on a leave of absence and employed in a
charter school does not count toward the acquisition of permanent status with
the school district.

9. Upon the return of a teacher to
employment in the school district, the teacher is entitled to the same level of
retirement, salary and any other benefits to which the teacher would otherwise
be entitled if the teacher had not taken a leave of absence to teach in a
charter school.

10. An employee of a charter school who is
not on a leave of absence from a school district is eligible for all benefits
for which the employee would be eligible for employment in a public school,
including, without limitation, participation in the Public Employees
Retirement System.

(a) The compensation that a teacher or other
school employee would have received if he or she were employed by the school
district must be used to determine the appropriate levels of contribution
required of the employee and employer for purposes of the Public Employees
Retirement System.

(b) The compensation that is paid to a teacher or
other school employee that exceeds the compensation that the employee would
have received if he or she were employed by the school district must not be
included for the purposes of calculating future retirement benefits of the
employee.

12. If the board of trustees of a school
district in which a charter school is located manages a plan of group insurance
for its employees, the governing body of the charter school may negotiate with
the board of trustees to participate in the same plan of group insurance that
the board of trustees offers to its employees. If the employees of the charter
school participate in the plan of group insurance managed by the board of
trustees, the governing body of the charter school shall:

(a) Ensure that the premiums for that insurance
are paid to the board of trustees; and

(b) Provide, upon the request of the board of
trustees, all information that is necessary for the board of trustees to
provide the group insurance to the employees of the charter school.

Sec. 18.5. NRS
386.595 is hereby amended to read as follows:

386.595 1. All employees of a
charter school shall be deemed public employees.

2. The governing body of a charter school
may make all decisions concerning the terms and conditions of employment with
the charter school and any other matter relating to employment with the charter
school. In addition, the governing body may make all employment decisions with
regard to its employees pursuant to NRS 391.311 to 391.3197, inclusive, unless
a collective bargaining agreement entered into by the governing body pursuant
to chapter 288 of NRS contains separate provisions relating to the discipline
of licensed employees of a school.

3. Upon the request of the governing body
of a charter school, the board of trustees of a school district shall, with the
permission of the licensed employee who is seeking employment with the charter
school, transmit to the governing body a copy of the employment record of the
employee that is maintained by the school district. The employment record must
include, without limitation, each evaluation of the licensed employee conducted
by the school district and any disciplinary action taken by the school district
against the licensed employee.

4. Except as otherwise provided in this
subsection, if the [written charter of a charter school is revoked or a]
charter contract of a charter
school is terminated[, as applicable,] or if a charter school
ceases to operate as a charter school, the licensed employees of the charter
school must be reassigned to employment within the school district in
accordance with the applicable collective bargaining agreement. A school
district is not required to reassign a licensed employee of a charter school
pursuant to this subsection if the employee:

(a) Was not granted a leave of absence by the
school district to accept employment at the charter school pursuant to
subsection 5;

(b) Was granted a leave of absence by the school
district and did not submit a written request to return to employment with the
school district in accordance with subsection 5; or

(c) Does not comply with or is otherwise not
eligible to return to employment pursuant to subsection 6, including, without
limitation, the refusal of the licensed employee to allow the school district
to obtain the employment record of the employee that is maintained by the
charter school.

5. The board of trustees of a school
district shall grant a leave of absence, not to exceed 3 years, to any licensed
employee who is employed by the board of trustees who requests such a leave of
absence to accept employment with a charter school. After the first school year
in which a licensed employee is on a leave of absence, the employee may return
to a comparable teaching position with the board of trustees. After the third
school year, a licensed employee shall either submit a written request to
return to a comparable teaching position or resign from the position for which
the employees leave was granted. The board of trustees shall grant a written
request to return to a comparable position pursuant to this subsection even if
the return of the licensed employee requires the board of trustees to reduce
the existing workforce of the school district. The board of trustees is not
required to accept the return of the licensed employee if the employee does not
comply with or is otherwise not eligible to return to employment pursuant to
subsection 6, including, without limitation, the refusal of the licensed
employee to allow the school district to obtain the employment record of the
employee that is maintained by the charter school. The board of trustees may
require that a request to return to a comparable teaching position submitted
pursuant to this subsection be submitted at least 90 days before the employee
would otherwise be required to report to duty.

6. Upon the request of the board of
trustees of a school district, the governing body of a charter school shall,
with the permission of the licensed employee who is granted a leave of absence
from the school district pursuant to this section, transmit to the school
district a copy of the employment record of the employee that is maintained by
the charter school before the return of the employee to employment with the
school district pursuant to subsection 4 or 5. The employment record must
include, without limitation, each evaluation of the licensed employee conducted
by the charter school and any disciplinary action taken by the charter school
against the licensed employee. Before the return of the licensed employee, the
board of trustees of the school district may conduct an investigation into any
misconduct of the licensed employee during the leave of absence from the school
district and take any appropriate disciplinary action as to the status of the
person as an employee of the school district, including, without limitation:

(a) The dismissal of the employee from employment
with the school district; or

(b) Upon the employees return to employment with
the school district, documentation of the disciplinary action taken against the
employee into the employment record of the employee that is maintained by the
school district.

7. If
a school district conducts an investigation pursuant to subsection 6:

(a) The licensed employee is not entitled to
return to employment with the school district until the investigation is
complete; and

8. A licensed employee who is on a leave
of absence from a school district pursuant to this section:

(a) Shall contribute to and be eligible for all
benefits for which the employee would otherwise be entitled, including, without
limitation, participation in the Public Employees Retirement System and
accrual of time for the purposes of leave and retirement.

(b) Continues, while the employee is on leave, to
be covered by the collective bargaining agreement of the school district only
with respect to any matter relating to his or her status or employment with the
district.

Κ The time
during which such an employee is on a leave of absence and employed in a
charter school does not count toward the acquisition of permanent status with
the school district.

9. Upon the return of a teacher to
employment in the school district, the teacher is entitled to the same level of
retirement, salary and any other benefits to which the teacher would otherwise
be entitled if the teacher had not taken a leave of absence to teach in a
charter school.

10. An employee of a charter school who is
not on a leave of absence from a school district is eligible for all benefits
for which the employee would be eligible for employment in a public school,
including, without limitation, participation in the Public Employees Retirement
System.

11. For all employees of a charter school:

(a) The compensation that a teacher or other
school employee would have received if he or she were employed by the school
district must be used to determine the appropriate levels of contribution
required of the employee and employer for purposes of the Public Employees
Retirement System.

(b) The compensation that is paid to a teacher or
other school employee that exceeds the compensation that the employee would
have received if he or she were employed by the school district must not be
included for the purposes of calculating future retirement benefits of the
employee.

12. If the board of trustees of a school
district in which a charter school is located manages a plan of group insurance
for its employees, the governing body of the charter school may negotiate with
the board of trustees to participate in the same plan of group insurance that
the board of trustees offers to its employees. If the employees of the charter
school participate in the plan of group insurance managed by the board of
trustees, the governing body of the charter school shall:

(a) Ensure that the premiums for that insurance
are paid to the board of trustees; and

(b) Provide, upon the request of the board of
trustees, all information that is necessary for the board of trustees to
provide the group insurance to the employees of the charter school.

Sec. 19. NRS
386.610 is hereby amended to read as follows:

386.610 [1.] On
or before [August 15]October 1 of each year, the sponsor of a
charter school shall submit a written report to the Department. The written
report must include:

[(a) An]

1. For
each charter school that it sponsors with a written charter, an evaluation
of the progress of each such charter
school [that it sponsors] in achieving the
educational goals and objectives
of the written charter.

2. For
each charter school that it sponsors with a charter contract, a summary evaluating the academic,
financial and organizational performance of the charter school, as measured by
the performance indicators, measures and [objectives of the charter
school.

(b) A
description of all administrative support and services provided by the sponsor
to the charter school, including, without limitation, an itemized accounting
for the costs of the support and services.

(c)]metrics set forth in the performance
framework for the charter school.

3. An identification of each charter
school approved by the sponsor:

[(1)](a) Which has not opened and the
scheduled time for opening, if any;

[(2)](b) Which is open and in operation;

[(3)](c) Which has transferred sponsorship;

[(4)](d) Whose written charter has been revoked or whose charter contract has been [revoked]terminated by the
sponsor;

[(5)](e) Whose [written]
charter contract has
not been renewed by the sponsor; and

[(6)](f) Which has voluntarily ceased
operation.

[(d)]4. A description of the strategic vision
of the sponsor for the charter schools that it sponsors and the progress of the
sponsor in achieving that vision.

[(e)]5. A description of the services provided
by the sponsor pursuant to a service agreement entered into with the governing
body of the charter school pursuant to NRS 386.561, including an itemized
accounting of the actual costs of those services.

[2. The governing body of a charter school shall,
after 3 years of operation under its initial charter, submit a written report
to the sponsor of the charter school. The written report must include a
description of the progress of the charter school in achieving its educational
goals and objectives. If the charter school submits an application for renewal
in accordance with the regulations of the Department, the sponsor may renew the
written charter of the school pursuant to subsection 2 of NRS 386.530.]

6. The amount of any money from the Federal Government
that was distributed to the charter school, any concerns regarding the equity
of such distributions and any recommendations on how to improve access to and
distribution of money from the Federal Government.

Sec. 19.5. NRS
386.610 is hereby amended to read as follows:

386.610 On or before October 1 of each
year, the sponsor of a charter school shall submit a written report to the
Department. The written report must include:

1. [For each charter school
that it sponsors with a written charter, an evaluation of the progress of each
such charter school in achieving the educational goals and objectives of the
written charter.

2. For
each charter school that it sponsors with a charter contract, a]A summary evaluating
the academic, financial and organizational performance of the charter school,
as measured by the performance indicators, measures and metrics set forth in
the performance framework for the charter school.

[3.]2. An identification of each
charter school approved by the sponsor:

(d) Whose [written charter has been
revoked or whose] charter contract has been terminated by
the sponsor;

(e) Whose charter contract has not been renewed
by the sponsor; and

(f) Which has voluntarily ceased operation.

[4.]3. A description of the strategic
vision of the sponsor for the charter schools that it sponsors and the progress
of the sponsor in achieving that vision.

[5.]4. A description of the services
provided by the sponsor pursuant to a service agreement entered into with the
governing body of the charter school pursuant to NRS 386.561, including an
itemized accounting of the actual costs of those services.

[6.]5. The amount of any money from
the Federal Government that was distributed to the charter school, any concerns
regarding the equity of such distributions and any recommendations on how to
improve access to and distribution of money from the Federal Government.

Sec. 19.7. Section
3.5 of this act is hereby amended to read as follows:

Sec. 3.5. 1. The
sponsor of a charter school shall [revoke the written
charter or] terminate the charter contract of the charter
school if the charter school receives three consecutive annual ratings
established as the lowest rating possible indicating underperformance of a
public school, as determined by the Department pursuant to the statewide system
of accountability for public schools. A charter schools annual rating pursuant
to the statewide system of accountability based upon the performance of the
charter school for any school year before the 2013-2014 school year must not be
included in the count of consecutive annual ratings for the purposes of this
subsection.

2. If a [written
charter is rovoked or a] charter contract is terminated
pursuant to subsection 1, the sponsor of the charter school shall submit a
written report to the Department and the governing body of the charter school
setting forth the reasons for the termination not later than 10 days after [revoking
the written charter or] terminating the charter contract.

3. The provisions of
NRS 386.535 do not apply to the [revocation of a written charter or] termination
of a charter contract pursuant to this section.

Sec. 20. 1. Except as
otherwise provided in subsection 2, a charter school that is operating under a
written charter issued before the effective date of this act shall continue to
operate under the terms of the written charter until the expiration of the
written charter, unless the written charter is revoked before the expiration of
the current term. Before the expiration of the written charter, if the charter
school seeks to continue operation, the charter school must apply to the
sponsor of the charter school for a charter contract in the form and on the
date prescribed by the sponsor.

2. If a charter school that is operating under
a written charter issued before the effective date of this act does not wish to
continue operation under the written charter until its expiration, upon
approval of the sponsor of the charter school, the charter school may apply to
the sponsor for a charter contract in the form and on the date prescribed by
the sponsor.

3. An application submitted pursuant to
subsection 1 or 2 must include, without limitation:

(a) A description of the academic, financial and
organizational vision and plans for the charter school for the next charter
term;

(b) Any information or data that the governing body of
the charter school determines supports the renewal of the charter under the
terms and conditions for the issuance of a charter contract;

(c) A description of any improvements to the charter
school already undertaken or planned; and

(d) Any other requirements or information prescribed
by the sponsor.

4. Upon receipt of an application pursuant to
subsection 1 or 2, the sponsor of the charter school shall consider the
application for a charter contract at a meeting held in accordance with chapter
241 of NRS. The sponsor shall provide written notice to the governing body of
the charter school concerning its determination on the application not more
than 60 days after receipt of the application. The determination of the sponsor
must be based upon:

(a) The criteria of the sponsor for the issuance and
renewal of charter contracts based upon the requirements of NRS 386.490 to
386.610, inclusive, and sections 2 to 3.5, inclusive, of this act; and

(b) Evidence of the performance of the charter school
during the term of the written charter.

5. Upon approval of an application for a
charter contract pursuant to subsection 1 or 2:

(a) A written performance framework for the charter
school in accordance with section 3 of this act must be incorporated into the
charter contract executed pursuant to paragraph (b).

(b) The sponsor of the charter school and the
governing body of the charter school shall execute a charter contract pursuant
to NRS 386.527, as amended by section 8 of this act.

Sec. 20.5. The Legislative Counsel
shall:

1. In preparing the reprint and supplements to
the Nevada Revised Statutes, appropriately change any references to the term
written charter to include or charter contract, as applicable through
January 1, 2020, and thereafter to refer only to a charter contract.

2. In preparing supplements to the Nevada
Administrative Code, appropriately change any references to the term written
charter to include or charter contract, as applicable through January 1,
2020, and thereafter to refer only to a charter contract.

AN ACT relating to
constables; revising provisions governing certain notice of a foreclosure sale
required to be provided to a tenant; requiring a constable in certain townships
to become certified as a category I or category II peace officer within a
certain period after commencing his or her term of office; prohibiting a
constable or deputy constable in certain smaller townships from making arrests
in the course of his or her duties unless he or she is certified as a category
I or category II peace officer; revising provisions governing the appointment
of deputy constables and the clerical and operational staff of a constable;
clarifying that a constable may issue a citation for a violation of certain
laws governing the registration of motor vehicles only if the motor vehicle is
located in his or her township; revising various other provisions governing
constables; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law provides for a summary eviction procedure
when the tenant of any dwelling, apartment, mobile home, recreational vehicle
or commercial premises with periodic rent due by the month or a shorter period
defaults in the payment of the rent. (NRS 40.253) Section 1 of this bill
provides that the affidavit of complaint for eviction of a tenant that a
landlord or landlords agent is authorized to file in justice court or district
court applies to tenants of recreational vehicles.

Existing law provides that if a sale of property is a
residential foreclosure, the posting of certain required notices on the
property must be completed by a licensed process server or any constable or
sheriff. (NRS 107.087) Section 3 of this bill: (1) specifies that the
constable or sheriff who posts such a notice must be a constable or sheriff of
the county in which the property is located; and (2) revises the date by which
certain required notices must be provided.

Existing law provides that a constable is a peace officer
in his or her township. (NRS 258.070) Section 8.6 of this bill requires
a constable of a township whose population is 15,000 or more or that has within
its boundaries a city whose population is 15,000 or more to become certified as
a category I or category II peace officer by the Peace Officers Standards and
Training Commission within 1 year after the date on which the constable
commences his or her term of office or appointment unless the Commission, for
good cause shown, extends the time. Section 16.5 of this bill provides
that this requirement does not apply to a constable who is in office on July 1,
2013, unless he or she is elected or appointed to a term of office on or after
July 1, 2013.

Sections 7.5, 12 and 12.5 of this bill provide
that a constable or deputy constable in a township whose population is less
than 15,000 or that has within its boundaries a city whose population is less
than 15,000 may not make an arrest in the course of performing his or her
duties as a constable unless he or she is certified as a category I or category
II peace officer.

Existing law authorizes a constable to appoint deputies
and provides that a deputy constable must be certified as a category II peace
officer by the Peace Officers Standards and Training Commission within 1 year
after the date on which the person commences employment as a peace officer
unless the Commission, for good cause shown, extends the time. (NRS 258.060,
289.470, 289.550) Section 10 of this bill provides that a person
appointed as a deputy constable for a township whose population is 15,000 or more or that has within its
boundaries a city whose population is 15,000 or more must be certified as a
category I or category II peace officer by the Commission before he or she
commences employment as a deputy constable.

population is 15,000 or more or that has within its boundaries
a city whose population is 15,000 or more must be certified as a category I or
category II peace officer by the Commission before he or she commences
employment as a deputy constable.

Existing law authorizes the board of county commissioners
to appoint clerks for the constable of a township and to provide compensation
for those clerks. (NRS 258.065) Section 11 of this bill authorizes the
constable to appoint clerical and operational staff for the office of the
constable, subject to the approval of the board of county commissioners, and
requires the board of county commissioners to fix the compensation of the
clerical and operational staff of the constables office. Section 11
further provides that the clerical and operational staff of a constables
office do not have the powers of a peace officer and may not possess a weapon
or carry a concealed firearm while performing the duties of the constables
office.

Existing law provides that a constable is a peace officer
in his or her township and may issue a citation to the owner or driver of a
vehicle that is required to be registered in this State if the constable
determines that the vehicle is not properly registered. (NRS 258.070, 482.385) Sections
12, 15 and 16 of this bill clarify that the constable may issue such a
citation only if the vehicle is located in his or her township at the time the
citation is issued.

Section 8.8 of this bill authorizes the board of
county commissioners to establish, by resolution or ordinance, penalties to be
imposed on a constable who fails to file a report, oath or other document
required by statute to be filed with the county or the Peace Officers
Standards and Training Commission. Section 9 of this bill requires the
oath of a constable to be filed and recorded in the office of the recorder of
the county.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
40.253 is hereby amended to read as follows:

40.253 1. Except as otherwise
provided in subsection 10, in addition to the remedy provided in NRS 40.2512
and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment,
mobile home, recreational vehicle or commercial premises with periodic rent
reserved by the month or any shorter period is in default in payment of the
rent, the landlord or the landlords agent, unless otherwise agreed in writing,
may serve or have served a notice in writing, requiring in the alternative the
payment of the rent or the surrender of the premises:

(a) At or before noon of the fifth full day
following the day of service; or

(b) If the landlord chooses not to proceed in the
manner set forth in paragraph (a) and the rent is reserved by a period of 1
week or less and the tenancy has not continued for more than 45 days, at or
before noon of the fourth full day following the day of service.

Κ As used in
this subsection, day of service means the day the landlord or the landlords
agent personally delivers the notice to the tenant. If personal service was not
so delivered, the day of service means the day the notice is delivered, after
posting and mailing pursuant to subsection 2, to the sheriff or constable for
service if the request for service is made before noon. If the request for
service by the sheriff or constable is made after noon, the day of service
shall be deemed to be the day next following the day that the request is made
for service by the sheriff or constable.

2. A
landlord or the landlords agent who serves a notice to a tenant pursuant to
paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in paragraph (a) of subsection 1
of NRS 40.280.

person in the manner set
forth in paragraph (a) of subsection 1 of NRS 40.280. If the notice cannot be
delivered in person, the landlord or the landlords agent:

(a) Shall post a copy of the notice in a
conspicuous place on the premises and mail the notice by overnight mail; and

(b) After the notice has been posted and mailed,
may deliver the notice to the sheriff or constable for service in the manner
set forth in subsection 1 of NRS 40.280. The sheriff or constable shall not
accept the notice for service unless it is accompanied by written evidence,
signed by the tenant when the tenant took possession of the premises, that the
landlord or the landlords agent informed the tenant of the provisions of this
section which set forth the lawful procedures for eviction from a short-term
tenancy. Upon acceptance, the sheriff or constable shall serve the notice
within 48 hours after the request for service was made by the landlord or the
landlords agent.

3. A notice served pursuant to subsection
1 or 2 must:

(a) Identify the court that has jurisdiction over
the matter; and

(b) Advise the tenant:

(1) Of the tenants right to contest the
matter by filing, within the time specified in subsection 1 for the payment of
the rent or surrender of the premises, an affidavit with the court that has
jurisdiction over the matter stating that the tenant has tendered payment or is
not in default in the payment of the rent;

(2) That if the court determines that the
tenant is guilty of an unlawful detainer, the court may issue a summary order
for removal of the tenant or an order providing for the nonadmittance of the
tenant, directing the sheriff or constable of the county to remove the tenant
within 24 hours after receipt of the order; and

(3) That, pursuant to NRS 118A.390, a
tenant may seek relief if a landlord unlawfully removes the tenant from the
premises or excludes the tenant by blocking or attempting to block the tenants
entry upon the premises or willfully interrupts or causes or permits the
interruption of an essential service required by the rental agreement or
chapter 118A of NRS.

4. If the tenant files such an affidavit
at or before the time stated in the notice, the landlord or the landlords
agent, after receipt of a file-stamped copy of the affidavit which was filed,
shall not provide for the nonadmittance of the tenant to the premises by
locking or otherwise.

5. Upon noncompliance with the notice:

(a) The landlord or the landlords agent may
apply by affidavit of complaint for eviction to the justice court of the
township in which the dwelling, apartment, mobile home , recreational vehicle or commercial premises
are located or to the district court of the county in which the dwelling,
apartment, mobile home ,
recreational vehicle or commercial premises are located,
whichever has jurisdiction over the matter. The court may thereupon issue an
order directing the sheriff or constable of the county to remove the tenant
within 24 hours after receipt of the order. The affidavit must state or
contain:

(1) The date the tenancy commenced.

(2) The amount of periodic rent reserved.

(3) The amounts of any cleaning, security
or rent deposits paid in advance, in excess of the first months rent, by the
tenant.

(4) The date the rental payments became
delinquent.

(5) The length of time the tenant has
remained in possession without paying rent.

(7) A statement that the written notice
was served on the tenant in accordance with NRS 40.280.

(8) A copy of the written notice served on
the tenant.

(9) A copy of the signed written rental
agreement, if any.

(b) Except when the tenant has timely filed the
affidavit described in subsection 3 and a file-stamped copy of it has been
received by the landlord or the landlords agent, and except when the landlord
is prohibited pursuant to NRS 118A.480, the landlord or the landlords agent
may, in a peaceable manner, provide for the nonadmittance of the tenant to the
premises by locking or otherwise.

6. Upon the filing by the tenant of the
affidavit permitted in subsection 3, regardless of the information contained in
the affidavit, and the filing by the landlord of the affidavit permitted by
subsection 5, the justice court or the district court shall hold a hearing,
after service of notice of the hearing upon the parties, to determine the
truthfulness and sufficiency of any affidavit or notice provided for in this
section. If the court determines that there is no legal defense as to the
alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the
court may issue a summary order for removal of the tenant or an order providing
for the nonadmittance of the tenant. If the court determines that there is a
legal defense as to the alleged unlawful detainer, the court shall refuse to
grant either party any relief, and, except as otherwise provided in this
subsection, shall require that any further proceedings be conducted pursuant to
NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of
the tenant does not preclude an action by the tenant for any damages or other
relief to which the tenant may be entitled. If the alleged unlawful detainer
was based upon subsection 5 of NRS 40.2514, the refusal by the court to grant
relief does not preclude the landlord thereafter from pursuing an action for
unlawful detainer in accordance with NRS 40.251.

7. The tenant may, upon payment of the
appropriate fees relating to the filing and service of a motion, file a motion
with the court, on a form provided by the clerk of the court, to dispute the
amount of the costs, if any, claimed by the landlord pursuant to NRS 118A.460
or 118C.230 for the inventory, moving and storage of personal property left on
the premises. The motion must be filed within 20 days after the summary order
for removal of the tenant or the abandonment of the premises by the tenant, or
within 20 days after:

(a) The tenant has vacated or been removed from
the premises; and

(b) A copy of those charges has been requested by
or provided to the tenant,

Κ whichever is
later.

8. Upon the filing of a motion pursuant to
subsection 7, the court shall schedule a hearing on the motion. The hearing
must be held within 10 days after the filing of the motion. The court shall
affix the date of the hearing to the motion and order a copy served upon the
landlord by the sheriff, constable or other process server. At the hearing, the
court may:

(a) Determine the costs, if any, claimed by the
landlord pursuant to NRS 118A.460 or 118C.230 and any accumulating daily costs;
and

(b) Order the release of the tenants property
upon the payment of the charges determined to be due or if no charges are determined
to be due.

9. A landlord shall not refuse to accept
rent from a tenant that is submitted after the landlord or the landlords agent
has served or had served a notice pursuant to subsection 1 if the refusal is
based on the fact that the tenant has not paid collection fees, attorneys fees
or other costs other than rent, a reasonable charge for late payments of rent
or dishonored checks, or a security. As used in this subsection, security has
the meaning ascribed to it in NRS 118A.240.

10. This section does not apply to the
tenant of a mobile home lot in a mobile home park or to the tenant of a
recreational vehicle lot in an area of a mobile home park in this State other
than an area designated as a recreational vehicle lot pursuant to the
provisions of subsection 6 of NRS 40.215.

Sec. 2. (Deleted by amendment.)

Sec. 3. NRS
107.087 is hereby amended to read as follows:

107.087 1. In addition to the
requirements of NRS 107.080, if the sale of property is a residential
foreclosure, a copy of the notice of default and election to sell and the
notice of sale must:

(a) Be posted in a conspicuous place on the
property not later than:

(1) For a notice of default and election
to sell, 100 days before the date of sale; or

(2) For a notice of sale, 15 days before
the date of sale; and

(b) Include, without limitation:

(1) The physical address of the property;
and

(2) The contact information of the trustee
or the person conducting the foreclosure who is authorized to provide
information relating to the foreclosure status of the property.

2. In addition to the requirements of NRS
107.084, the notices must not be defaced or removed until the transfer of title
is recorded or the property becomes occupied after completion of the sale,
whichever is earlier.

3. A separate notice must be posted in a
conspicuous place on the property and mailed, with a certificate of mailing
issued by the United States Postal Service or another mail delivery service, to
any tenant or subtenant, if any, other than the grantor or the grantors
successor in interest, in actual occupation of the premises not later than [3
business days after the notice of the sale is given pursuant to subsection 4 of
NRS 107.080.]15
days before the date of sale. The separate notice must be in
substantially the following form:

NOTICE TO TENANTS OF
THE PROPERTY

Foreclosure proceedings against this
property have started, and a notice of sale of the property to the highest
bidder has been issued.

You may either: (1) terminate your lease
or rental agreement and move out; or (2) remain and possibly be subject to
eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any
subtenants may also be subject to eviction proceedings.

Between now and the date of the
sale, you may be evicted if you fail to pay rent or live up to your other
obligations to the landlord.

After the date of the sale, you may
be evicted if you fail to pay rent or live up to your other obligations to the
successful bidder, in accordance with chapter 118A of the Nevada Revised
Statutes.

Under the Nevada Revised Statutes
eviction proceedings may begin against you after you have been given a notice
to quit.

If the property is sold and you pay
rent by the week or another period of time that is shorter than 1 month, you
should generally receive notice after not less than the number of days in that
period of time.

If the property is sold and you pay
rent by the month or any other period of time that is 1 month or longer, you
should generally receive notice at least 60 days in advance.

Under Nevada Revised Statutes
40.280, notice must generally be served on you pursuant to chapter 40 of the
Nevada Revised Statutes and may be served by:

(1) Delivering a copy
to you personally in the presence of a witness;

(2) If you are absent
from your place of residence or usual place of business, leaving a copy with a
person of suitable age and discretion at either place and mailing a copy to you
at your place of residence or business; or

(3) If your place of
residence or business cannot be ascertained, or a person of suitable age or
discretion cannot be found there, posting a copy in a conspicuous place on the
leased property, delivering a copy to a person residing there, if a person can
be found, and mailing a copy to you at the place where the leased property is.

If the property is sold and a
landlord, successful bidder or subsequent purchaser files an eviction action
against you in court, you will be served with a summons and complaint and have
the opportunity to respond. Eviction actions may result in temporary evictions,
permanent evictions, the awarding of damages pursuant to Nevada Revised
Statutes 40.360 or some combination of those results.

Under the Justice Court Rules of
Civil Procedure:

(1) You will be given
at least 10 days to answer a summons and complaint;

(2) If you do not file
an answer, an order evicting you by default may be obtained against you;

(3) A hearing regarding
a temporary eviction may be called as soon as 11 days after you are served with
the summons and complaint; and

(4) A hearing regarding
a permanent eviction may be called as soon as 20 days after you are served with
the summons and complaint.

4. The posting of a notice required by
this section must be completed by a process server licensed pursuant to chapter
648 of NRS or any constable or [the] sheriff[.] of the county in which the property is
located.

5. As used in this section, residential
foreclosure has the meaning ascribed to it in NRS 107.080.

Secs. 4-7. (Deleted by
amendment.)

Sec. 7.5. NRS
171.124 is hereby amended to read as follows:

171.124 1. Except as
otherwise provided in subsection 3 and NRS 33.070 ,[and]
33.320 [,]and 258.070,a peace
officer or an officer of the Drug Enforcement Administration designated by the
Attorney General of the United States for that purpose may make an arrest in
obedience to a warrant delivered to him or her, or may, without a warrant,
arrest a person:

(a) For a public offense committed or attempted
in the officers presence.

(b) When a person arrested has committed a felony
or gross misdemeanor, although not in the officers presence.

(c) When a felony or gross misdemeanor has in
fact been committed, and the officer has reasonable cause for believing the
person arrested to have committed it.

(d) On a charge made, upon a reasonable cause, of
the commission of a felony or gross misdemeanor by the person arrested.

(e) When a warrant has in fact been issued in
this State for the arrest of a named or described person for a public offense,
and the officer has reasonable cause to believe that the person arrested is the
person so named or described.

2. A peace officer or an officer of the
Drug Enforcement Administration designated by the Attorney General of the
United States for that purpose may also, at night, without a warrant, arrest
any person whom the officer has reasonable cause for believing to have
committed a felony or gross misdemeanor, and is justified in making the arrest,
though it afterward appears that a felony or gross misdemeanor has not been
committed.

3. An officer of the Drug Enforcement
Administration may only make an arrest pursuant to subsections 1 and 2 for a
violation of chapter 453 of NRS.

Sec. 8. Chapter
258 of NRS is hereby amended by adding thereto the provisions set forth as
sections 8.1 to 8.8, inclusive, of this act.

Sec. 8.1. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 8.2, 8.3 and 8.4 of this act
have the meanings ascribed to them in those sections.

Sec. 8.2. Category I peace officer has the meaning ascribed to it in
NRS 289.460.

Sec. 8.3. Category II peace officer has the meaning ascribed to it
in NRS 289.470.

Sec. 8.4. Peace officer has the meaning ascribed to it in NRS
289.010.

Sec. 8.6. 1. Each constable of a township whose
population is 15,000 or more or a township that has within its boundaries a
city whose population is 15,000 or more shall become certified by the Peace
Officers Standards and Training Commission as a category I or category II
peace officer within 1 year after the date on which the constable commences his
or her term of office or appointment unless the Commission, for good cause
shown, grants in writing an extension of time, which must not exceed 6 months.

2. If
a constable does not comply with the provisions of subsection 1, the constable
forfeits his or her office and a vacancy is created which must be filled in
accordance with NRS 258.030.

Sec. 8.8. In addition to any fine imposed pursuant to NRS 258.200, a
board of county commissioners may establish, by resolution or ordinance,
penalties for the failure of the constable of a township in the county to file
any report, oath or other document required by statute to be filed with the
county or the Peace Officers Standards and Training Commission.

Sec. 9. NRS
258.020 is hereby amended to read as follows:

258.020 Each constable elected or
appointed in this state shall, before entering upon the duties of office:

1. Take the oath prescribed by law. The oath must be filed and recorded in
a book provided for that purpose in the office of the recorder of the county
within which the constable legally holds and exercises his or her office.

2. Execute a bond to the State of Nevada,
to be approved by the board of county commissioners, in the penal sum of not
less than $1,000 nor more than $3,000, as may be designated by the board of
county commissioners . [,
which]The bond
[shall]must be conditioned for the faithful
performance of the duties of his or her office[,]
and [shall]must be filed in the county clerks office.

Sec. 10. NRS
258.060 is hereby amended to read as follows:

258.060 1. All constables may
appoint deputies, who are authorized to transact all official business
pertaining to the office to the same extent as their principals. A person must
not be appointed as a deputy constable unless the person has been a resident of
the State of Nevada for at least 6 months before the date of the appointment. A person who is appointed as a deputy
constable in a township whose population is 15,000 or more or a township that
has within its boundaries a city whose population is 15,000 or more may not commence employment as a deputy
constable until the person is certified by the Peace Officers Standards and
Training Commission as a category I or category II peace officer. The
appointment of a deputy constable must not be construed to confer upon that
deputy policymaking authority for the office of the county constable or the
county by which the deputy constable is employed.

2. Constables are responsible for the
compensation of their deputies and are responsible on their official bonds for
all official malfeasance or nonfeasance of the same. Bonds for the faithful
performance of their official duties may be required of the deputies by the
constables.

3. All appointments of deputies under the
provisions of this section must be in writing and must, together with the oath
of office of the deputies, be filed and recorded within 30 days after the appointment in a
book provided for that purpose in the office of the recorder of the county
within which the constable legally holds and exercises his or her office.
Revocations of such appointments must also be filed and recorded as provided in
this section[.] within 30 days after the revocation of
the appointment. From the time of the filing of the appointments
or revocations therein, persons shall be deemed to have notice of the same.

Sec. 11. NRS
258.065 is hereby amended to read as follows:

258.065 1. The [board
of county commissioners may appoint for the] constable of
a township [a reasonable number of clerks]may, subject to the approval of the
board of county commissioners, appoint such clerical and operational staff as
the work of the constable requires
. [, and provide compensation therefor.] The compensation of any person so
appointed must be fixed by the board of county commissioners.

2. A person who is employed as clerical or operational staff of
a constable:

(a) Does
not have the powers of a peace officer; and

(b) May
not possess a weapon or carry a concealed firearm, regardless of whether the
person possesses a permit to carry a concealed firearm issued pursuant to NRS
202.3653 to 202.369, inclusive, while performing the duties of the office of
the constable.

3. A
constables clerk shall take the constitutional oath of office and give bond in
the sum of $2,000 for the faithful discharge of the duties of the office, and
in the same manner as is or may be required of other officers of that township
and county.

[3.]4. A constables clerk shall do
all clerical work in connection with keeping the records and files of the
office, and shall perform such other duties in connection with the office as
the constable shall prescribe.

Sec. 12. NRS
258.070 is hereby amended to read as follows:

258.070 1. [Each]Subject to the provisions of
subsection 2, each constable shall:

(a) Be a peace officer in his or her township.

(b) Serve all mesne and final process issued by a
court of competent jurisdiction.

(c) Execute the process, writs or warrants that
the constable is authorized to receive pursuant to NRS 248.100.

(d) Discharge such other duties as are or may be
prescribed by law.

2. A constable or deputy constable elected or appointed in a
township whose population is less than 15,000 or a township that has within its boundaries a city
whose population is less than 15,000 may not arrest any person while carrying out the duties of
the office of constable unless he or she is
certified by the Peace Officers Standards and Training Commission as a
category I or category II peace officer.

3. Pursuant
to the procedures and subject to the limitations set forth in chapters 482 and
484A to 484E, inclusive, of NRS, a constable may issue a citation to an owner
or driver, as appropriate, of a vehicle[that]which is located in his or her
township at the time the citation is issued andwhich is required to be
registered in this State if the constable determines that the vehicle is not
properly registered. The constable shall, upon the issuance of such citation,
charge and collect a fee of $100 from the person to whom the citation is
issued, which may be retained by the constable as compensation.

[3.]4. If a sheriff or the sheriffs
deputy in any county in this State arrests a person charged with a criminal
offense or in the commission of an offense, the sheriff or the sheriffs deputy
shall serve all process, whether mesne or final, and attend the court executing
the order thereof in the prosecution of the person so arrested, whether in a
justice court or a district court, to the conclusion, and whether the offense
is an offense of which a justice of the peace has jurisdiction, or whether the
proceeding is a preliminary examination or hearing. The sheriff or the
sheriffs deputy shall collect the same fees and in the same manner therefor as
the constable of the township in which the justice court is held would receive
for the same service.

Sec. 12.5. NRS
258.110 is hereby amended to read as follows:

258.110 [If]Unless, pursuant to subsection 2 of NRS
258.070, a constable is prohibited from making an arrest, any
constable [shall]who willfully [refuse]
refuses to receive or arrest any person charged with a criminal offense [, such
constable] is guilty of a gross misdemeanor and shall be removed from office.

willfully [refuse]refuses to receive or arrest any person
charged with a criminal offense[,
such constable] is guilty of a gross misdemeanor and shall
be removed from office.

Sec. 13. NRS
258.190 is hereby amended to read as follows:

258.190 1. [On]In each calendar year, on the
first Monday of January, April, July and October, the constables who receive
fees under the provisions of this chapter shall make out and file with the
boards of county commissioners of their several counties a full and correct
statement under oath of all fees or compensation, of whatever nature or kind,
received in their several official capacities during the preceding 3 months. In
the statement they shall set forth the cause in which, and the services for
which, such fees or compensation were received.

2. Nothing in this section shall be so
construed as to require personal attendance in filing statements, which may be
transmitted by mail or otherwise directed to the clerk of the board of county
commissioners.

Sec. 14. NRS
289.550 is hereby amended to read as follows:

289.550 1. Except as otherwise
provided in subsection2and NRS 3.310 ,[and]
4.353[,]and 258.060, and section 8.6 of
this act, a person upon whom some or all of the powers of a peace
officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be
certified by the Commission within 1 year after the date on which the person
commences employment as a peace officer unless the Commission, for good cause
shown, grants in writing an extension of time, which must not exceed 6 months,
by which the person must become certified. A person who fails to become
certified within the required time shall not exercise any of the powers of a
peace officer after the time for becoming certified has expired.

2. The following persons are not required
to be certified by the Commission:

(a) The Chief Parole and Probation Officer;

(b) The Director of the Department of
Corrections;

(c) The Director of the Department of Public
Safety, the deputy directors of the Department, the chiefs of the divisions of
the Department other than the Investigation Division and the Nevada Highway
Patrol, and the members of the State Disaster Identification Team of the
Division of Emergency Management of the Department;

(d) The Commissioner of Insurance and the chief
deputy of the Commissioner of Insurance;

(e) Railroad police officers; and

(f) California correctional officers.

Sec. 14.5. NRS
482.231 is hereby amended to read as follows:

482.231 1. Except as
otherwise provided in subsection 3, the Department shall not register a motor
vehicle if a local authority has filed with the Department a notice stating
that the owner of the motor vehicle:

(a) Was cited by a constable pursuant to
subsection [2]3 of NRS 258.070 for failure to comply with
the provisions of NRS 482.385; and

(b) Has failed to pay the fee charged by the
constable pursuant to subsection [2]3 of NRS 258.070.

2. The Department shall, upon request,
furnish to the owner of the motor vehicle a copy of the notice of nonpayment
described in subsection 1.

3. The Department may register a motor
vehicle for which the Department has received a notice of nonpayment described
in subsection 1 if:

(1) A receipt from the owner of the motor
vehicle which indicates that the owner has paid the fee charged by the
constable; or

(2) Notification from the applicable local
authority that the owner of the motor vehicle has paid the fee charged by the
constable; and

(b) The owner of the motor vehicle otherwise complies
with the requirements of this chapter for the registration of the motor
vehicle.

Sec. 15. NRS
482.255 is hereby amended to read as follows:

482.255 1. Upon receipt of a
certificate of registration, the owner shall place it or a legible copy in the
vehicle for which it is issued and keep it in the vehicle. If the vehicle is a
motorcycle, trailer or semitrailer, the owner shall carry the certificate in
the tool bag or other convenient receptacle attached to the vehicle.

2. The owner or operator of a motor
vehicle shall, upon demand, surrender the certificate of registration or the
copy for examination to any peace officer, including a constable[,]of the township in which the motor
vehicle is located or a justice of the peace or a deputy of the
Department.

3. No person charged with violating this
section may be convicted if the person produces in court a certificate of
registration which was previously issued to him or her and was valid at the
time of the demand.

Sec. 16. NRS
482.385 is hereby amended to read as follows:

482.385 1. Except as
otherwise provided in subsections 5 and 7 and NRS 482.390, a nonresident owner
of a vehicle of a type subject to registration pursuant to the provisions of
this chapter, owning any vehicle which has been registered for the current year
in the state, country or other place of which the owner is a resident and which
at all times when operated in this State has displayed upon it the registration
license plate issued for the vehicle in the place of residence of the owner,
may operate or permit the operation of the vehicle within this State without
its registration in this State pursuant to the provisions of this chapter and
without the payment of any registration fees to this State:

(a) For a period of not more than 30 days in the
aggregate in any 1 calendar year; and

(b) Notwithstanding the provisions of paragraph
(a), during any period in which the owner is:

(1) On active duty in the military service
of the United States;

(2) An out-of-state student;

(3) Registered as a student at a college
or university located outside this State and who is in the State for a period
of not more than 6 months to participate in a work-study program for which the
student earns academic credits from the college or university; or

(4) A migrant or seasonal farm worker.

2. This section does not:

(a) Prohibit the use of manufacturers,
distributors or dealers license plates issued by any state or country by any
nonresident in the operation of any vehicle on the public highways of this
State.

(b) Require registration of vehicles of a type
subject to registration pursuant to the provisions of this chapter operated by
nonresident common motor carriers of persons or property, contract motor
carriers of persons or property, or private motor carriers of property as
stated in NRS 482.390.

(c) Require registration of a vehicle operated by
a border state employee.

3. Except as otherwise provided in
subsection 5, when a person, formerly a nonresident, becomes a resident of this
State, the person shall:

(a) Within 30 days after becoming a resident; or

(b) At the time he or she obtains a drivers
license,

Κ whichever
occurs earlier, apply for the registration of each vehicle the person owns
which is operated in this State. When a person, formerly a nonresident, applies
for a drivers license in this State, the Department shall inform the person of
the requirements imposed by this subsection and of the penalties that may be
imposed for failure to comply with the provisions of this subsection.

4. A citation may be issued pursuant to
subsection 1, 3 or 5 only if the violation is discovered when the vehicle is
halted or its driver arrested for another alleged violation or offense. The
Department shall maintain or cause to be maintained a list or other record of
persons who fail to comply with the provisions of subsection 3 and shall, at
least once each month, provide a copy of that list or record to the Department
of Public Safety.

5. Except as otherwise provided in this
subsection, a resident or nonresident owner of a vehicle of a type subject to
registration pursuant to the provisions of this chapter who engages in a trade,
profession or occupation or accepts gainful employment in this State or who
enrolls his or her children in a public school in this State shall, within 30
days after the commencement of such employment or enrollment, apply for the
registration of each vehicle the person owns which is operated in this State.
The provisions of this subsection do not apply to a nonresident who is:

(a) On active duty in the military service of the
United States;

(b) An out-of-state student;

(c) Registered as a student at a college or
university located outside this State and who is in the State for a period of
not more than 6 months to participate in a work-study program for which the
student earns academic credits from the college or university; or

(d) A migrant or seasonal farm worker.

6. A person who violates the provisions of
subsection 1, 3 or 5 is guilty of a misdemeanor and, except as otherwise
provided in this subsection, shall be punished by a fine of $1,000. The fine
imposed pursuant to this subsection is in addition to any fine or penalty
imposed for the other alleged violation or offense for which the vehicle was
halted or its driver arrested pursuant to subsection 4. The fine imposed
pursuant to this subsection may be reduced to not less than $200 if the person
presents evidence at the time of the hearing that the person has registered the
vehicle pursuant to this chapter.

7. Any resident operating upon a highway
of this State a motor vehicle which is owned by a nonresident and which is
furnished to the resident operator for his or her continuous use within this
State, shall cause that vehicle to be registered within 30 days after beginning
its operation within this State.

8. A person registering a vehicle pursuant
to the provisions of subsection 1, 3, 5, 7 or 9 or pursuant to NRS 482.390:

(a) Must be assessed the registration fees and
governmental services tax, as required by the provisions of this chapter and
chapter 371 of NRS; and

(b) Must not be allowed credit on those taxes and
fees for the unused months of the previous registration.

9. If a vehicle is used in this State for
a gainful purpose, the owner shall immediately apply to the Department for
registration, except as otherwise provided in NRS 482.390, 482.395 and 706.801
to 706.861, inclusive.

10. An owner registering a vehicle
pursuant to the provisions of this section shall surrender the existing
nonresident license plates and registration certificates to the Department for
cancellation.

11. A vehicle may be cited for a violation
of this section regardless of whether it is in operation or is parked on a
highway, in a public parking lot or on private property which is open to the
public if, after communicating with the owner or operator of the vehicle, the
peace officer issuing the citation determines that:

(a) The owner of the vehicle is a resident of
this State;

(b) The vehicle is used in this State for a
gainful purpose;

(c) Except as otherwise provided in paragraph (b)
of subsection 1, the owner of the vehicle is a nonresident and has operated the
vehicle in this State for more than 30 days in the aggregate in any 1 calendar
year; or

(d) The owner of the vehicle is a nonresident
required to register the vehicle pursuant to subsection 5.

12. A
constable may issue a citation for a violation of this section only if the
vehicle is located in his or her township at the time the citation is issued.

13. As
used in this [subsection,] section, peace officer includes a
constable.

Sec. 16.5. The provisions of
section 8.6 of this act do not apply to a constable who is in office on July 1,
2013, unless the constable is elected or appointed to a term of office on or
after July 1, 2013.

AN ACT relating to
domestic relations; revising the provisions governing the award of attorneys
fees in actions for divorce; authorizing a court to award costs and the
reasonable fees of attorneys and experts to a party in certain actions
concerning child custody or visitation; and providing other matters properly
relating thereto.

Legislative Counsels Digest:

Existing law provides that in an action for divorce, the
court may award a reasonable attorneys fee to either party, if those fees are
in issue under the pleadings. (NRS 125.150) Section 1 of this bill
provides that in an action for divorce, the court may award a reasonable
attorneys fee without the requirement that attorneys fees be in issue under
the pleadings.

Existing law provides that in an action to determine the
parentage of a child, the court may order that the reasonable fees of counsel,
experts and the childs guardian ad litem, and other costs of the action, be
paid in such proportions as determined by the court. (NRS 126.171) Section 2
of this bill provides that in an action to determine custody or visitation with
respect to a child, the court may order that the reasonable fees of counsel and
experts, and other costs of the action, be paid in proportions and at times
determined by the court.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
125.150 is hereby amended to read as follows:

125.150 Except as otherwise provided in
NRS 125.155 and unless the action is contrary to a premarital agreement between
the parties which is enforceable pursuant to chapter 123A of NRS:

1. In granting a divorce, the court:

(a) May award such alimony to the wife or to the
husband, in a specified principal sum or as specified periodic payments, as
appears just and equitable; and

(b) Shall, to the extent practicable, make an
equal disposition of the community property of the parties, except that the
court may make an unequal disposition of the community property in such
proportions as it deems just if the court finds a compelling reason to do so
and sets forth in writing the reasons for making the unequal disposition.

2. Except as otherwise provided in this
subsection, in granting a divorce, the court shall dispose of any property held
in joint tenancy in the manner set forth in subsection 1 for the disposition of
community property. If a party has made a contribution of separate property to
the acquisition or improvement of property held in joint tenancy, the court may
provide for the reimbursement of that party for his or her contribution. The
amount of reimbursement must not exceed the amount of the contribution of
separate property that can be traced to the acquisition or improvement of
property held in joint tenancy, without interest or any
adjustment because of an increase in the value of the property held in joint
tenancy.

held in joint tenancy, without interest or any adjustment
because of an increase in the value of the property held in joint tenancy. The
amount of reimbursement must not exceed the value, at the time of the
disposition, of the property held in joint tenancy for which the contribution
of separate property was made. In determining whether to provide for the
reimbursement, in whole or in part, of a party who has contributed separate
property, the court shall consider:

(a) The intention of the parties in placing the
property in joint tenancy;

(b) The length of the marriage; and

(c) Any other factor which the court deems
relevant in making a just and equitable disposition of that property.

Κ As used in
this subsection, contribution includes, without limitation, a down payment, a
payment for the acquisition or improvement of property, and a payment reducing
the principal of a loan used to finance the purchase or improvement of
property. The term does not include a payment of interest on a loan used to
finance the purchase or improvement of property, or a payment made for
maintenance, insurance or taxes on property.

3. Except as otherwise provided in NRS
125.141, whether or not application for suit money has been made under the
provisions of NRS 125.040, the court may award a reasonable attorneys fee to
either party to an action for divorce .[if those fees are in issue
under the pleadings.]

4. In granting a divorce, the court may
also set apart such portion of the husbands separate property for the wifes
support, the wifes separate property for the husbands support or the separate
property of either spouse for the support of their children as is deemed just
and equitable.

5. In the event of the death of either
party or the subsequent remarriage of the spouse to whom specified periodic
payments were to be made, all the payments required by the decree must cease,
unless it was otherwise ordered by the court.

6. If the court adjudicates the property
rights of the parties, or an agreement by the parties settling their property
rights has been approved by the court, whether or not the court has retained
jurisdiction to modify them, the adjudication of property rights, and the
agreements settling property rights, may nevertheless at any time thereafter be
modified by the court upon written stipulation signed and acknowledged by the
parties to the action, and in accordance with the terms thereof.

7. If a decree of divorce, or an agreement
between the parties which was ratified, adopted or approved in a decree of
divorce, provides for specified periodic payments of alimony, the decree or
agreement is not subject to modification by the court as to accrued payments.
Payments pursuant to a decree entered on or after July 1, 1975, which have not
accrued at the time a motion for modification is filed may be modified upon a
showing of changed circumstances, whether or not the court has expressly
retained jurisdiction for the modification. In addition to any other factors
the court considers relevant in determining whether to modify the order, the
court shall consider whether the income of the spouse who is ordered to pay
alimony, as indicated on the spouses federal income tax return for the
preceding calendar year, has been reduced to such a level that the spouse is
financially unable to pay the amount of alimony the spouse has been ordered to
pay.

8. In addition to any other factors the
court considers relevant in determining whether to award alimony and the amount
of such an award, the court shall consider:

(a) The financial condition of each spouse;

(b) The nature and value of the respective property
of each spouse;

(c) The contribution of each spouse to any
property held by the spouses pursuant to NRS 123.030;

(d) The duration of the marriage;

(e) The income, earning capacity, age and health
of each spouse;

(f) The standard of living during the marriage;

(g) The career before the marriage of the spouse
who would receive the alimony;

(h) The existence of specialized education or
training or the level of marketable skills attained by each spouse during the
marriage;

(i) The contribution of either spouse as
homemaker;

(j) The award of property granted by the court in
the divorce, other than child support and alimony, to the spouse who would
receive the alimony; and

(k) The physical and mental condition of each
party as it relates to the financial condition, health and ability to work of
that spouse.

9. In granting a divorce, the court shall
consider the need to grant alimony to a spouse for the purpose of obtaining
training or education relating to a job, career or profession. In addition to
any other factors the court considers relevant in determining whether such
alimony should be granted, the court shall consider:

(a) Whether the spouse who would pay such alimony
has obtained greater job skills or education during the marriage; and

(b) Whether the spouse who would receive such
alimony provided financial support while the other spouse obtained job skills
or education.

10. If the court determines that alimony
should be awarded pursuant to the provisions of subsection 9:

(a) The court, in its order, shall provide for
the time within which the spouse who is the recipient of the alimony must
commence the training or education relating to a job, career or profession.

(b) The spouse who is ordered to pay the alimony
may, upon changed circumstances, file a motion to modify the order.

(c) The spouse who is the recipient of the
alimony may be granted, in addition to any other alimony granted by the court,
money to provide for:

(1) Testing of the recipients skills
relating to a job, career or profession;

(2) Evaluation of the recipients
abilities and goals relating to a job, career or profession;

(3) Guidance for the recipient in
establishing a specific plan for training or education relating to a job,
career or profession;

(4) Subsidization of an employers costs
incurred in training the recipient;

(5) Assisting the recipient to search for
a job; or

(6) Payment of the costs of tuition, books
and fees for:

(I) The equivalent of a high school
diploma;

(II) College courses which are
directly applicable to the recipients goals for his or her career; or

11. For the purposes of this section, a
change of 20 percent or more in the gross monthly income of a spouse who is
ordered to pay alimony shall be deemed to constitute changed circumstances
requiring a review for modification of the payments of alimony. As used in this
subsection, gross monthly income has the meaning ascribed to it in NRS
125B.070.

Sec. 2. Chapter
125C of NRS is hereby amended by adding thereto a new section to read as
follows:

Except as
otherwise provided in NRS 125C.180, in an action to determine legal custody,
physical custody or visitation with respect to a child, the court may order
reasonable fees of counsel and experts and other costs of the proceeding to be
paid in proportions and at times determined by the court.

AN
ACT relating to public works; extending the authority for the Department of
Transportation to contract with a construction manager at risk for the
construction, reconstruction, improvement and maintenance of highways through
June 30, 2017; amending certain requirements governing contractors involved in
public works; amending certain requirements governing bidding for public works
when a public body decides to contract with a construction manager at risk;
prospectively repealing provisions relating to construction managers at risk;
and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires certain prime contractors who
submit bids for a public work to include with the bid a list that discloses the
first tier subcontractors who will perform a certain portion of the work on the
public work. (NRS 338.141) Section 6 of this bill amends the provisions
prescribing which subcontractors must be named on the list. Section 6
also requires the prime contractor to include on the list: (1) a description of
the labor or portion of the work that the prime contractor will perform; or (2)
a statement that the prime contractor will perform all work other than that
being performed by a subcontractor named on the list.

Existing law allows a public body to contract with a
construction manager at risk, which is a construction manager who is required
to construct a public work within a guaranteed maximum price, a fixed price or
a fixed price plus reimbursement for certain costs. (NRS 338.169, 338.1696) Section
7.5 of this bill limits to two per year the number of public works for
which each public body in a county whose population is less than 100,000
(currently counties other than Clark and Washoe Counties) may enter into
contracts with a construction manager at risk.

Section 8 of this bill requires a request for
proposals for a construction manager at risk to include a list of the selection
criteria and the relative weight thereof that will be used to rank applicants
for a construction manager at risk.

Existing law requires a proposal for a construction
manager at risk to include an explanation of the experience that the applicant
has with projects of similar size and scope. Section 8 specifies that
the explanation may include an explanation of experience by any delivery
method, regardless of whether that method was the use of a construction manager
at risk, and including design-build, design-assist, negotiated work or
value-engineered work. Section 8 also requires the public body or its
authorized representative to make available to the public the name of each
applicant who submits a proposal for a public work to be performed by a
construction manager at risk.

Section 10 of this bill requires a construction
manager at risk who has entered into a contract with a public body for services
related to construction that are provided before actual construction begins to
provide to the public body, before entering into a contract for construction of
the public work, a list of the labor or portions of the work which are
estimated by the construction manager at risk to exceed a certain percentage of
the estimated cost of the public work.

Existing law requires a public body to appoint a panel of
at least three persons, with at least two having experience in the construction
industry, to rank proposals and interview the top applicants for a public work.
(NRS 338.1693) Section 9 of this bill limits such a panel to seven members
and requires that a majority of the panel have experience in the construction
industry. Section 9 also authorizes the public body to appoint another
panel, similarly comprised, to interview the top applicants.

Section 11 of this bill provides that if a public
work involves predominantly horizontal construction, a construction manager at
risk who enters into a contract for the construction of the public work shall
perform construction work equal in value to at least 25 percent of the
estimated cost of construction himself or herself, or using his or her own
employees. Section 2 of this bill defines the term horizontal
construction.

Sections 12 and 13 of this bill modify
requirements governing the procedure that a construction manager at risk is
required to use when selecting and contracting with subcontractors.

Under existing law, the Department of Transportation may
award a contract for the construction, reconstruction, improvement and
maintenance of a highway to a construction manager at risk on or before June
30, 2013. Sections 5 and 5.3 of this bill authorize the Department to
contract with a construction manager at risk for the construction,
reconstruction, improvement and maintenance of highways through June 30, 2017. Section
5 also specifies the circumstances under which the provisions of chapter
338 of NRS apply to such contracts.

Section 14.3 of this bill requires the Department
to conduct a study on the benefits to this State of entering into contracts
with construction managers at risk for the construction, reconstruction,
improvement or maintenance of highways and to submit that report on or before
January 31, 2017, for transmittal to the 79th Session of the Legislature. Section
14.5 of this bill requires each public body to submit annually, to the
Legislature or the Legislative Commission, a report on each public work for
which the public body enters into a contract with a construction manager at
risk. The report must include a description of the public work, the name of the
construction manager at risk and a report on the progress of the public work
or, if the public work has been completed, an explanation of whether the public
body is satisfied with the public work and with the contractual arrangement
with the construction manager at risk.

Section 14.7 of this bill repeals all of the
provisions relating to construction managers at risk effective July 1, 2017.

EXPLANATION
 Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. Chapter
338 of NRS is hereby amended by adding thereto a new section to read as
follows:

The Legislature
hereby declares that the provisions of this section and NRS 338.169 to
338.16995, inclusive, relating to contracts involving construction managers at
risk, are intended:

1. To
promote public confidence and trust in the contracting and bidding procedures
for public works established therein;

2. For the benefit of
the public, to promote the philosophy of obtaining the best possible value as
compared to low-bid contracting; and

3. To
better equip public bodies to address public works that present unique and
complex construction challenges.

Sec. 2. NRS
338.010 is hereby amended to read as follows:

338.010 As used in this chapter:

1. Authorized representative means a person
designated by a public body to be responsible for the development,
solicitation, award or administration of contracts for public works pursuant to
this chapter.

2. Contract means a written contract
entered into between a contractor and a public body for the provision of labor,
materials, equipment or supplies for a public work.

3. Contractor means:

(a) A person who is licensed pursuant to the
provisions of chapter 624 of NRS.

(b) A design-build team.

4. Day labor means all cases where public
bodies, their officers, agents or employees, hire, supervise and pay the wages
thereof directly to a worker or workers employed by them on public works by the
day and not under a contract in writing.

5. Design-build contract means a
contract between a public body and a design-build team in which the
design-build team agrees to design and construct a public work.

6. Design-build team means an entity
that consists of:

(a) At least one person who is licensed as a
general engineering contractor or a general building contractor pursuant to
chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one
person who holds a certificate of registration to practice architecture
pursuant to chapter 623 of NRS.

(2) Anything other than a building and its
site, at least one person who holds a certificate of registration to practice
architecture pursuant to chapter 623 of NRS or landscape architecture pursuant
to chapter 623A of NRS or who is licensed as a professional engineer pursuant
to chapter 625 of NRS.

7. Design professional means:

(a) A person who is licensed as a professional
engineer pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional
land surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of
registration to engage in the practice of architecture, interior design or
residential design pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of
registration to engage in the practice of landscape architecture pursuant to
chapter 623A of NRS; or

(e) A business entity that engages in the
practice of professional engineering, land surveying, architecture or landscape
architecture.

8. Division means the State Public Works
Division of the Department of Administration.

9. Eligible bidder means a person who
is:

(a) Found to be a responsible and responsive
contractor by a local government or its authorized representative which
requests bids for a public work in accordance with paragraph (b) of subsection
1 of NRS 338.1373; or

(b) Determined by a public body or its authorized
representative which awarded a contract for a public work pursuant to NRS
338.1375 to 338.139, inclusive, to be qualified to bid on that contract
pursuant to NRS 338.1379 or 338.1382.

10. General contractor means a person
who is licensed to conduct business in one, or both, of the following branches
of the contracting business:

(a) General engineering contracting, as described
in subsection 2 of NRS 624.215.

(b) General building contracting, as described in
subsection 3 of NRS 624.215.

11. Governing body means the board,
council, commission or other body in which the general legislative and fiscal
powers of a local government are vested.

12. Horizontal construction means the construction of any
fixed work, including any irrigation, drainage, water supply, flood control,
harbor, railroad, highway, tunnel, airport or airway, sewer, sewage disposal
plant or water treatment facility and any ancillary vertical components
thereof, bridge, inland waterway, pipeline for the transmission of petroleum or
any other liquid or gaseous substance, pier, and work incidental thereto. The
term does not include vertical construction, the construction of any terminal
or other building of an airport or airway, or the construction of any other
building.

13. Local
government means every political subdivision or other entity which has the
right to levy or receive money from ad valorem or other taxes or any mandatory
assessments, and includes, without limitation, counties, cities, towns, boards,
school districts and other districts organized pursuant to chapters 244A, 309,
318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive,
and any agency or department of a county or city which prepares a budget
separate from that of the parent political subdivision. The term includes a
person who has been designated by the governing body of a local government to
serve as its authorized representative.

(a) Is licensed pursuant to the provisions of
chapter 624 of NRS or performs such work that the person is not required to be
licensed pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another subcontractor
or a supplier to provide labor, materials or services for a construction
project.

[21.]22. Supplier means a person who
provides materials, equipment or supplies for a construction project.

23. Vertical
construction means the construction or remodeling of any building, structure
or other improvement that is predominantly vertical, including, without
limitation, a building, structure or improvement for the support, shelter and
enclosure of persons, animals, chattels or movable property of any kind, and
any improvement appurtenant thereto.

[22.]24. Wages means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare,
vacation and holiday pay, the cost of apprenticeship training or other similar
programs or other bona fide fringe benefits which are a benefit to the worker.

[23.]25. Worker means a skilled
mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled
worker in the service of a contractor or subcontractor under any appointment or
contract of hire or apprenticeship, express or implied, oral or written,
whether lawfully or unlawfully employed. The term does not include a design
professional.

Sec. 2.3. NRS
338.010 is hereby amended to read as follows:

338.010 As used in this chapter:

1. Authorized representative means a
person designated by a public body to be responsible for the development,
solicitation, award or administration of contracts for public works pursuant to
this chapter.

2. Contract means a written contract
entered into between a contractor and a public body for the provision of labor,
materials, equipment or supplies for a public work.

3. Contractor means:

(a) A person who is licensed pursuant to the
provisions of chapter 624 of NRS.

(b) A design-build team.

4. Day labor means all cases where public
bodies, their officers, agents or employees, hire, supervise and pay the wages
thereof directly to a worker or workers employed by them on public works by the
day and not under a contract in writing.

5. Design-build contract means a
contract between a public body and a design-build team in which the
design-build team agrees to design and construct a public work.

6. Design-build team means an entity
that consists of:

(a) At least one person who is licensed as a
general engineering contractor or a general building contractor pursuant to
chapter 624 of NRS; and

(b) For a public work that consists of:

(1) A building and its site, at least one
person who holds a certificate of registration to practice architecture
pursuant to chapter 623 of NRS.

(2) Anything other than a building and its
site, at least one person who holds a certificate of registration to practice
architecture pursuant to chapter 623 of NRS or landscape architecture pursuant
to chapter 623A of NRS or who is licensed as a professional engineer pursuant
to chapter 625 of NRS.

7. Design professional means:

(a) A person who is licensed as a professional
engineer pursuant to chapter 625 of NRS;

(b) A person who is licensed as a professional
land surveyor pursuant to chapter 625 of NRS;

(c) A person who holds a certificate of
registration to engage in the practice of architecture, interior design or
residential design pursuant to chapter 623 of NRS;

(d) A person who holds a certificate of
registration to engage in the practice of landscape architecture pursuant to
chapter 623A of NRS; or

(e) A business entity that engages in the
practice of professional engineering, land surveying, architecture or landscape
architecture.

8. Division means the State Public Works
Division of the Department of Administration.

9. Eligible bidder means a person who
is:

(a) Found to be a responsible and responsive
contractor by a local government or its authorized representative which
requests bids for a public work in accordance with paragraph (b) of subsection
1 of NRS 338.1373; or

(b) Determined by a public body or its authorized
representative which awarded a contract for a public work pursuant to NRS
338.1375 to 338.139, inclusive, to be qualified to bid on that contract
pursuant to NRS 338.1379 or 338.1382.

10. General contractor means a person
who is licensed to conduct business in one, or both, of the following branches
of the contracting business:

(a) General engineering contracting, as described
in subsection 2 of NRS 624.215.

(b) General building contracting, as described in
subsection 3 of NRS 624.215.

11. Governing body means the board,
council, commission or other body in which the general legislative and fiscal
powers of a local government are vested.

12. [Horizontal construction
means the construction of any fixed work, including any irrigation, drainage,
water supply, flood control, harbor, railroad, highway, tunnel, airport or
airway, sewer, sewage disposal plant or water treatment facility and any
ancillary vertical components thereof, bridge, inland waterway, pipeline for
the transmission of petroleum or any other liquid or gaseous substance, pier,
and work incidental thereto. The term does not include vertical construction,
the construction of any terminal or other building of an airport or airway, or
the construction of any other building.

13.] Local
government means every political subdivision or other entity which has the
right to levy or receive money from ad valorem or other taxes or any mandatory
assessments, and includes, without limitation, counties, cities, towns, boards,
school districts and other districts organized pursuant to chapters 244A, 309,
318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550
to 450.750, inclusive, and any agency or department of a county or city which
prepares a budget separate from that of the parent political subdivision.

NRS, NRS 450.550 to 450.750, inclusive, and any agency or
department of a county or city which prepares a budget separate from that of
the parent political subdivision. The term includes a person who has been
designated by the governing body of a local government to serve as its
authorized representative.

Κ that is not
located at the site of a public work for the design and construction of which a
public body is authorized to contract with a design-build team pursuant to
subsection 2 of NRS 338.1711.

[20.]19. Subcontract means a written
contract entered into between:

(a) A contractor and a subcontractor or supplier;
or

(b) A subcontractor and another subcontractor or
supplier,

Κ for the
provision of labor, materials, equipment or supplies for a construction
project.

[21.]20. Subcontractor means a
person who:

(a) Is licensed pursuant to the provisions of
chapter 624 of NRS or performs such work that the person is not required to be
licensed pursuant to chapter 624 of NRS; and

(b) Contracts with a contractor, another
subcontractor or a supplier to provide labor, materials or services for a
construction project.

[22.]21. Supplier means a person who
provides materials, equipment or supplies for a construction project.

[23. Vertical construction means the
construction or remodeling of any building, structure or other improvement that
is predominantly vertical, including, without limitation, a building, structure
or improvement for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind, and any improvement appurtenant
thereto.

24.]22. Wages
means:

(a) The basic hourly rate of pay; and

(b) The amount of pension, health and welfare,
vacation and holiday pay, the cost of apprenticeship training or other similar
programs or other bona fide fringe benefits which are a benefit to the worker.

[25.]23. Worker means a skilled
mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled
worker in the service of a contractor or subcontractor under any appointment or
contract of hire or apprenticeship, express or implied, oral or written,
whether lawfully or unlawfully employed. The term does not include a design
professional.

Sec. 2.5. NRS
338.0117 is hereby amended to read as follows:

338.0117 1. To qualify to
receive a preference in bidding pursuant to subsection 2 of NRS 338.1389,
subsection 2 of NRS 338.147, [subsection 3 of NRS 338.1693,]
subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886, a contractor, an
applicant or a design-build team, respectively, must submit to the public body
sponsoring or financing a public work a signed affidavit which certifies that,
for the duration of the project:

(a) At least 50 percent of all workers employed
on the public work, including, without limitation, any employees of the
contractor, applicant or design-build team and of any subcontractor engaged on
the public work, will hold a valid drivers license or identification card
issued by the Department of Motor Vehicles;

(b) All vehicles used primarily for the public
work will be:

(1) Registered and partially apportioned
to Nevada pursuant to the International Registration Plan, as adopted by the
Department of Motor Vehicles pursuant to NRS 706.826; or

(2) Registered in this State;

(c) At least 50 percent of the design
professionals working on the public work, including, without limitation, any
employees of the contractor, applicant or design-build
team and of any subcontractor engaged on the public work, will have a valid
drivers license or identification card issued by the Department of Motor
Vehicles;

applicant or design-build team and of any subcontractor
engaged on the public work, will have a valid drivers license or
identification card issued by the Department of Motor Vehicles;

(d) At least 25 percent of the suppliers of the
materials used for the public work will be located in this State unless the
public body requires the acquisition of materials or equipment that cannot be
obtained from a supplier located in this State; and

(e) The contractor, applicant or design-build
team and any subcontractor engaged on the public work will maintain and make
available for inspection within this State his or her records concerning
payroll relating to the public work.

2. Any contract for a public work awarded
to a contractor, applicant or design-build team who submits the affidavit
described in subsection 1 and who receives a preference in bidding described in
subsection 1 must:

(a) Include a provision in the contract that
substantially incorporates the requirements of paragraphs (a) to (e),
inclusive, of subsection 1; and

(b) Provide that a failure to comply with any
requirement of paragraphs (a) to (e), inclusive, of subsection 1 is a material
breach of the contract and entitles the public body to liquidated damages only
as provided in subsections 5 and 6.

3. A person or entity who believes that a
contractor, applicant or design-build team has obtained a preference in bidding
as described in subsection 1 but has failed to comply with a requirement of
paragraphs (a) to (e), inclusive, of subsection 1 may file a written objection
with the public body for which the contractor, applicant or design-build team
is performing the public work. A written objection authorized pursuant to this
subsection must set forth proof or substantiating evidence to support the
belief of the person or entity that the contractor, applicant or design-build
team has failed to comply with a requirement of paragraphs (a) to (e),
inclusive, of subsection 1.

4. If a public body receives a written
objection pursuant to subsection 3, the public body shall determine whether the
objection is accompanied by the proof or substantiating evidence required
pursuant to that subsection. If the public body determines that the objection
is not accompanied by the required proof or substantiating evidence, the public
body shall dismiss the objection. If the public body determines that the
objection is accompanied by the required proof or substantiating evidence or if
the public body determines on its own initiative that proof or substantiating
evidence of a failure to comply with a requirement of paragraphs (a) to (e),
inclusive, of subsection 1 exists, the public body shall determine whether the
contractor, applicant or design-build team has failed to comply with a
requirement of paragraphs (a) to (e), inclusive, of subsection 1 and the public
body or its authorized representative may proceed to award the contract
accordingly or, if the contract has already been awarded, seek the remedy
authorized in subsection 5.

5. A public body may recover, by civil
action against the party responsible for a failure to comply with a requirement
of paragraphs (a) to (e), inclusive, of subsection 1, liquidated damages as
described in subsection 6 for a breach of a contract for a public work caused
by a failure to comply with a requirement of paragraphs (a) to (e), inclusive,
of subsection 1. If a public body recovers liquidated damages pursuant to this
subsection for a breach of a contract for a public work, the public body shall
report to the State Contractors Board the date of the
breach, the name of each entity which breached the contract and the cost of the
contract.

State Contractors Board the date of the breach, the name of
each entity which breached the contract and the cost of the contract. The Board
shall maintain this information for not less than 6 years. Upon request, the
Board shall provide this information to any public body or its authorized
representative.

6. If a contractor, applicant or
design-build team submits the affidavit described in subsection 1, receives a
preference in bidding described in subsection 1 and is awarded the contract,
the contract between the contractor, applicant or design-build team and the
public body, each contract between the contractor, applicant or design-build
team and a subcontractor or supplier and each contract between a subcontractor
and a subcontractor or supplier must provide that:

(a) If a party to the contract causes a material
breach of the contract between the contractor, applicant or design-build team
and the public body as a result of a failure to comply with a requirement of
paragraphs (a) to (e), inclusive, of subsection 1, the party is liable to the
public body for liquidated damages in the amount of 1 percent of the cost of
the largest contract to which he or she is a party;

(b) The right to recover the amount determined
pursuant to paragraph (a) by the public body pursuant to subsection 5 may be
enforced by the public body directly against the party that causes the material
breach; and

(c) No other party to the contract is liable to
the public body for liquidated damages.

7. A public body that awards a contract
for a public work to a contractor, applicant or design-build team who submits
the affidavit described in subsection 1 and who receives a preference in
bidding described in subsection 1 shall, on or before July 31 of each year,
submit a written report to the Director of the Legislative Counsel Bureau for
transmittal to the Legislative Commission. The report must include information
on each contract for a public work awarded to a contractor, applicant or
design-build team who submits the affidavit described in subsection 1 and who
receives a preference in bidding described in subsection 1, including, without
limitation, the name of the contractor, applicant or design-build team who was
awarded the contract, the cost of the contract, a brief description of the
public work and a description of the degree to which the contractor, applicant
or design-build team and each subcontractor complied with the requirements of
paragraphs (a) to (e), inclusive, of subsection 1.

Sec. 3. NRS
338.018 is hereby amended to read as follows:

338.018 The provisions of NRS 338.013 to
338.018, inclusive, apply to any contract for construction work of the Nevada
System of Higher Education for which the estimated cost exceeds $100,000 even
if the construction work does not qualify as a public work, as defined in
subsection [16]17 of NRS 338.010.

Sec. 3.5. NRS
338.018 is hereby amended to read as follows:

338.018 The provisions of NRS 338.013 to
338.018, inclusive, apply to any contract for construction work of the Nevada
System of Higher Education for which the estimated cost exceeds $100,000 even
if the construction work does not qualify as a public work, as defined in
subsection [17]16 of NRS 338.010.

Sec. 4. NRS
338.075 is hereby amended to read as follows:

338.075 The provisions of NRS 338.020 to
338.090, inclusive, apply to any contract for construction work of the Nevada
System of Higher Education for which the estimated cost
exceeds $100,000 even if the construction work does not qualify as a public
work, as defined in subsection [16] 17 of NRS 338.010.

Education for which the estimated cost exceeds $100,000 even
if the construction work does not qualify as a public work, as defined in
subsection [16]17 of NRS 338.010.

Sec. 4.5. NRS
338.075 is hereby amended to read as follows:

338.075 The provisions of NRS 338.020 to
338.090, inclusive, apply to any contract for construction work of the Nevada
System of Higher Education for which the estimated cost exceeds $100,000 even if
the construction work does not qualify as a public work, as defined in
subsection [17]16 of NRS 338.010.

Sec. 5. NRS
338.1373 is hereby amended to read as follows:

338.1373 1. A local
government or its authorized representative shall award a contract for a public
work pursuant to the provisions of NRS 338.1415 and:

(a) NRS 338.1377 to 338.139, inclusive;

(b) NRS 338.143 to 338.148, inclusive;

(c) NRS 338.169 to 338.16995, inclusive[;], and section 1 of this act; or

(d) NRS 338.1711 to 338.173, inclusive.

2. Except as otherwise provided in this subsection, subsection
3 and chapter 408 of NRS, the provisions of this chapter apply with respect to
contracts for the construction, reconstruction, improvement and maintenance of
highways that are awarded by the Department of Transportation pursuant to NRS
408.201 and 408.313 to 408.433, inclusive. The provisions of NRS
338.1375 to 338.1382, inclusive, 338.1386, 338.13862, 338.13864, 338.139,
338.142[,
338.169 to 338.16995, inclusive,]and 338.1711 to 338.1727, inclusive, do not
apply with respect to contracts for the construction, reconstruction,
improvement and maintenance of highways that are awarded by the Department of
Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive.

3. To
the extent that a provision of this chapter precludes the granting of federal
assistance or reduces the amount of such assistance with respect to a contract
for the construction, reconstruction, improvement or maintenance of highways that
is awarded by the Department of Transportation pursuant to NRS 408.201 and
408.313 to 408.433, inclusive, that provision of this chapter does not apply to
the Department of Transportation or the contract.

Sec. 5.3. NRS
338.1373 is hereby amended to read as follows:

338.1373 1. A local
government or its authorized representative shall award a contract for a public
work pursuant to the provisions of NRS 338.1415 and:

(a) NRS 338.1377 to 338.139, inclusive;

(b) NRS 338.143 to 338.148, inclusive; or

(c) [NRS 338.169 to 338.16995,
inclusive, and section 1 of this act; or

(d)] NRS
338.1711 to 338.173, inclusive.

2. Except as otherwise provided in this
subsection, subsection 3 and chapter 408 of NRS, the provisions of this chapter
apply with respect to contracts for the construction, reconstruction,
improvement and maintenance of highways that are awarded by the Department of
Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive. The
provisions of NRS 338.1375 to 338.1382, inclusive, 338.1386, 338.13862,
338.13864, 338.139, 338.142 and 338.1711 to 338.1727, inclusive, do not apply
with respect to contracts for the construction, reconstruction, improvement and
maintenance of highways that are awarded by the
Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433,
inclusive.

of highways that are awarded by the Department of
Transportation pursuant to NRS 408.201 and 408.313 to 408.433, inclusive.

3. To the extent that a provision of this
chapter precludes the granting of federal assistance or reduces the amount of
such assistance with respect to a contract for the construction,
reconstruction, improvement or maintenance of highways that is awarded by the
Department of Transportation pursuant to NRS 408.201 and 408.313 to 408.433,
inclusive, that provision of this chapter does not apply to the Department of
Transportation or the contract.

Sec. 5.5. NRS
338.1381 is hereby amended to read as follows:

338.1381 1. If, within 10
days after receipt of the notice denying an application pursuant to NRS
338.1379 [or 338.16991] or disqualifying a
subcontractor pursuant to NRS 338.1376, the applicant or subcontractor, as
applicable, files a written request for a hearing with the Division or the
local government, the State Public Works Board or governing body shall set the
matter for a hearing within 20 days after receipt of the request. The hearing
must be held not later than 45 days after the receipt of the request for a
hearing unless the parties, by written stipulation, agree to extend the time.

2. The hearing must be held at a time and
place prescribed by the Board or local government. At least 10 days before the
date set for the hearing, the Board or local government shall serve the
applicant or subcontractor with written notice of the hearing. The notice may
be served by personal delivery to the applicant or subcontractor or by
certified mail to the last known business or residential address of the
applicant or subcontractor.

3. The applicant or subcontractor has the
burden at the hearing of proving by substantial evidence that the applicant is
entitled to be qualified to bid on a contract for a public work, or that the
subcontractor is qualified to be a subcontractor on a contract for a public
work.

4. In conducting a hearing pursuant to
this section, the Board or governing body may:

(a) Administer oaths;

(b) Take testimony;

(c) Issue subpoenas to compel the attendance of
witnesses to testify before the Board or governing body;

(d) Require the production of related books,
papers and documents; and

(e) Issue commissions to take testimony.

5. If a witness refuses to attend or
testify or produce books, papers or documents as required by the subpoena
issued pursuant to subsection 4, the Board or governing body may petition the
district court to order the witness to appear or testify or produce the
requested books, papers or documents.

6. The Board or governing body shall issue
a decision on the matter during the hearing. The decision of the Board or
governing body is a final decision for purposes of judicial review.

Sec. 5.7. NRS
338.1385 is hereby amended to read as follows:

338.1385 1. Except as
otherwise provided in subsection 9, this State, or a governing body or its
authorized representative that awards a contract for a public work in
accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:

(a) Commence a public work for which the
estimated cost exceeds $100,000 unless it advertises in a newspaper qualified
pursuant to chapter 238 of NRS that is published in the county where the public
work will be performed for bids for the public work. If no qualified newspaper
is published in the county where the public work will be performed, the required advertisement must be published in some qualified
newspaper that is printed in the State of Nevada and having a general
circulation within the county.

required advertisement must be published in some qualified
newspaper that is printed in the State of Nevada and having a general
circulation within the county.

(b) Commence a public work for which the
estimated cost is $100,000 or less unless it complies with the provisions of
NRS 338.1386, 338.13862 and 338.13864 and, with respect to the State, NRS
338.1384 to 338.13847, inclusive.

(c) Divide a public work into separate portions
to avoid the requirements of paragraph (a) or (b).

2. At least once each quarter, the
authorized representative of a public body shall report to the public body any
contract that the authorized representative awarded pursuant to subsection 1 in
the immediately preceding quarter.

3. Each advertisement for bids must
include a provision that sets forth the requirement that a contractor must be
qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.

4. Approved plans and specifications for
the bids must be on file at a place and time stated in the advertisement for
the inspection of all persons desiring to bid thereon and for other interested
persons. Contracts for the public work must be awarded on the basis of bids
received.

5. Except as otherwise provided in
subsection 6 and NRS 338.1389, a public body or its authorized representative
shall award a contract to the lowest responsive and responsible bidder.

6. Any bids received in response to an
advertisement for bids may be rejected if the public body or its authorized
representative responsible for awarding the contract determines that:

(a) The bidder is not a qualified bidder pursuant
to NRS 338.1379 or 338.1382;

(b) The bidder is not responsive or responsible;

(c) The quality of the services, materials,
equipment or labor offered does not conform to the approved plans or
specifications; or

(d) The public interest would be served by such a
rejection.

7. A public body may let a contract
without competitive bidding if no bids were received in response to an
advertisement for bids and:

(a) The public body publishes a notice stating
that no bids were received and that the contract may be let without further
bidding;

(b) The public body considers any bid submitted
in response to the notice published pursuant to paragraph (a);

(c) The public body lets the contract not less
than 7 days after publishing a notice pursuant to paragraph (a); and

(d) The contract is awarded to the lowest
responsive and responsible bidder.

8. Before a public body may commence the
performance of a public work itself pursuant to the provisions of this section,
based upon a determination that the public interest would be served by
rejecting any bids received in response to an advertisement for bids, the
public body shall prepare and make available for public inspection a written
statement containing:

(a) A list of all persons, including supervisors,
whom the public body intends to assign to the public work, together with their
classifications and an estimate of the direct and indirect costs of their
labor;

(b) A list of all equipment that the public body
intends to use on the public work, together with an estimate of the number of
hours each item of equipment will be used and the hourly cost to use each item
of equipment;

(c) An estimate of the cost of administrative
support for the persons assigned to the public work;

(d) An estimate of the total cost of the public
work, including, the fair market value of or, if known, the actual cost of all
materials, supplies, labor and equipment to be used for the public work; and

(e) An estimate of the amount of money the public
body expects to save by rejecting the bids and performing the public work
itself.

9. This section does not apply to:

(a) Any utility subject to the provisions of
chapter 318 or 710 of NRS;

(b) Any work of construction, reconstruction,
improvement and maintenance of highways subject to NRS 408.323 or 408.327;

(c) Normal maintenance of the property of a
school district;

(d) The Las Vegas Valley Water District created
pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water
District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin
Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

(e) The design and construction of a public work
for which a public body contracts with a design-build team pursuant to NRS
338.1711 to 338.1727, inclusive;
or

(f) A constructability review of a public work,
which review a local government or its authorized representative is required to
perform pursuant to NRS 338.1435 .
[; or

(g) The
preconstruction or construction of a public work for which a public body enters
into a contract with a construction manager at risk pursuant to NRS 338.169 to
338.16995, inclusive.]

Sec. 6. NRS
338.141 is hereby amended to read as follows:

338.141 1. Except as
otherwise provided in NRS 338.1727, each bid submitted to a public body for any
public work to which paragraph (a) of subsection 1 of NRS 338.1385 ,[or]
paragraph (a) of subsection 1 of NRS 338.143 or NRS 408.327 applies, must include:

(a) If the public body provides a list of the
labor or portions of the public work which are estimated by the public body to
exceed 3 percent of the estimated cost of the public work, the name of each
first tier subcontractor who will provide such labor or portion of the work on
the public work which is estimated to exceed 3 percent of the estimated cost of
the public work; or

(b) If the public body does not provide a list of
the labor or portions of the public work which are estimated by the public body
to exceed 3 percent of the estimated cost of the public work, the name of each
first tier subcontractor who will provide labor or a portion of the work on the
public work to the prime contractor for which the first tier subcontractor will
be paid an amount exceeding 5 percent of the prime contractors total bid. If
the bid is submitted pursuant to this paragraph, within 2 hours after the
completion of the opening of the bids, the contractors who submitted the three
lowest bids must submit a list containing [the]:

(1) The
name of each first tier subcontractor who will provide labor or a
portion of the work on the public work to the prime contractor for which the
first tier subcontractor will be paid an amount exceeding $250,000.

(2) If
any one of the contractors who submitted one of the three lowest bids will
employ a first tier subcontractor who will provide labor or a portion of the
work on the public work to the prime contractor for which the first tier
subcontractor will not be paid an amount exceeding $250,000, the name of each
first tier subcontractor who will provide labor or a portion of the work on the
public work to the prime contractor for which the first tier subcontractor will
be paid 1 percent of the prime contractors total bid or $50,000,
whichever is greater . [,
and]

(3) For
each first tier subcontractor whose name is listed pursuant to subparagraph (1)
or (2), the number of the license issued to the first tier
subcontractor pursuant to chapter 624 of NRS.

2. The lists required by subsection 1 must
include a description of the labor or portion of the work which each first tier
subcontractor named in the list will provide to the prime contractor.

3. A prime contractor shall include his or
her name on a list required by paragraph (a) or (b) of subsection 1 .[if, as the prime
contractor,]
If the prime contractor will perform any [of the]
work [required to be]whichis more than 1 percent of the prime contractors total bid
and which is not being performed by a subcontractor listed
pursuant to paragraph (a) or (b) of subsection 1[.] , the prime contractor shall also
include on the list:

(a) A
description of the labor or portion of the work that the prime contractor will
perform; or

(b) A
statement that the prime contractor will perform all work other than that being
performed by a subcontractor listed pursuant to paragraph (a) or (b) of subsection
1.

4. Except as otherwise provided in this
subsection, if a contractor:

(a) Fails to submit the list within the required
time; or

(b) Submits a list that includes the name of a
subcontractor who, at the time of the submission of the list, is on
disqualified status with the Division pursuant to NRS 338.1376,

Κ the
contractors bid shall be deemed not responsive. A contractors bid shall not
be deemed not responsive on the grounds that the contractor submitted a list
that includes the name of a subcontractor who, at the time of the submission of
the list, is on disqualified status with the Division pursuant to NRS 338.1376
if the contractor, before the award of the contract, provides an acceptable
replacement subcontractor in the manner set forth in subsection 1 or 2 of NRS
338.13895.

5. A prime contractor shall not substitute
a subcontractor for any subcontractor who is named in the bid, unless:

(a) The public body or its authorized
representative objects to the subcontractor, requests in writing a change in
the subcontractor and pays any increase in costs resulting from the change.

(b) The substitution is approved by the public
body or its authorized representative. The substitution must be approved if the
public body or its authorized representative determines that:

(1) The named subcontractor, after having
a reasonable opportunity, fails or refuses to execute a written contract with
the contractor which was offered to the named subcontractor with the same
general terms that all other subcontractors on the project were offered;

(2) The named subcontractor files for
bankruptcy or becomes insolvent;

(3) The named subcontractor fails or
refuses to perform his or her subcontract within a reasonable time or is unable
to furnish a performance bond and payment bond pursuant to NRS 339.025; or

(4) The named subcontractor is not
properly licensed to provide that labor or portion of the work.

(c) If the public body awarding the contract is a
governing body, the public body or its authorized representative, in awarding
the contract pursuant to NRS 338.1375 to 338.139, inclusive:

(1) Applies such criteria set forth in NRS
338.1377 as are appropriate for subcontractors and determines that the
subcontractor does not meet that criteria; and

(2) Requests in writing a substitution of
the subcontractor.

6. If a prime contractor substitutes a
subcontractor for any subcontractor who is named in the bid without complying
with the provisions of subsection 5, the prime contractor shall forfeit, as a
penalty to the public body that awarded the contract, an amount equal to 1
percent of the total amount of the contract.

7. If a prime contractor ,[indicated pursuant to
subsection 3 that he or she would perform a portion of work on the public work
and,] after the submission of the bid, substitutes a
subcontractor to perform [such work,]the work indicated pursuant to subsection 3 that the prime
contractor would perform, the prime contractor shall forfeit as a
penalty to the public body that awarded the contract, the lesser of, and
excluding any amount of the contract that is attributable to change orders:

(a) An amount equal to 2.5 percent of the total
amount of the contract; or

(b) An amount equal to 35 percent of the estimate
by the engineer of the cost of the work the prime contractor indicated pursuant
to subsection 3 that he or she would perform on the public work.

8. As used in this section:

(a) First tier subcontractor means a
subcontractor who contracts directly with a prime contractor to provide labor,
materials or services for a construction project.

(b) General terms means the terms and
conditions of a contract that set the basic requirements for a public work and
apply without regard to the particular trade or specialty of a subcontractor,
but does not include any provision that controls or relates to the specific
portion of the public work that will be completed by a subcontractor,
including, without limitation, the materials to be used by the subcontractor or
other details of the work to be performed by the subcontractor.

Sec. 6.5. NRS
338.143 is hereby amended to read as follows:

338.143 1. Except as
otherwise provided in subsection 8, a local government or its authorized
representative that awards a contract for a public work in accordance with
paragraph (b) of subsection 1 of NRS 338.1373 shall not:

(a) Commence a public work for which the
estimated cost exceeds $100,000 unless it advertises in a newspaper qualified
pursuant to chapter 238 of NRS that is published in the county where the public
work will be performed for bids for the public work. If no qualified newspaper
is published within the county where the public work will be performed, the
required advertisement must be published in some qualified newspaper that is
printed in the State of Nevada and has a general circulation within the county.

(b) Commence a public work for which the
estimated cost is $100,000 or less unless it complies with the provisions of
NRS 338.1442, 338.1444 or 338.1446.

(c) Divide a public work into separate portions
to avoid the requirements of paragraph (a) or (b).

2. At least once each quarter, the
authorized representative of a local government shall report to the governing
body any contract that the authorized representative awarded pursuant to
subsection 1 in the immediately preceding quarter.

3. Approved plans and specifications for
the bids must be on file at a place and time stated in the advertisement for
the inspection of all persons desiring to bid thereon and for other interested
persons. Contracts for the public work must be awarded on the basis of bids received.

4. Except as otherwise provided in
subsection 5 and NRS 338.147, the local government or its authorized
representative shall award a contract to the lowest responsive and responsible
bidder.

5. Any bids received in response to an
advertisement for bids may be rejected if the local government or its
authorized representative responsible for awarding the contract determines
that:

(a) The bidder is not responsive or responsible;

(b) The quality of the services, materials,
equipment or labor offered does not conform to the approved plans or
specifications; or

(c) The public interest would be served by such a
rejection.

6. A local government may let a contract
without competitive bidding if no bids were received in response to an
advertisement for bids and:

(a) The local government publishes a notice
stating that no bids were received and that the contract may be let without
further bidding;

(b) The local government considers any bid
submitted in response to the notice published pursuant to paragraph (a);

(c) The local government lets the contract not
less than 7 days after publishing a notice pursuant to paragraph (a); and

(d) The contract is awarded to the lowest
responsive and responsible bidder.

7. Before a local government may commence
the performance of a public work itself pursuant to the provisions of this
section, based upon a determination that the public interest would be served by
rejecting any bids received in response to an advertisement for bids, the local
government shall prepare and make available for public inspection a written
statement containing:

(a) A list of all persons, including supervisors,
whom the local government intends to assign to the public work, together with
their classifications and an estimate of the direct and indirect costs of their
labor;

(b) A list of all equipment that the local government
intends to use on the public work, together with an estimate of the number of
hours each item of equipment will be used and the hourly cost to use each item
of equipment;

(c) An estimate of the cost of administrative
support for the persons assigned to the public work;

(d) An estimate of the total cost of the public
work, including the fair market value of or, if known, the actual cost of all
materials, supplies, labor and equipment to be used for the public work; and

(e) An estimate of the amount of money the local
government expects to save by rejecting the bids and performing the public work
itself.

8. This section does not apply to:

(a) Any utility subject to the provisions of
chapter 318 or 710 of NRS;

(b) Any work of construction, reconstruction,
improvement and maintenance of highways subject to NRS 408.323 or 408.327;

(c) Normal maintenance of the property of a
school district;

(d) The Las Vegas Valley Water District created
pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water
District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin
Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

(e) The design and construction of a public work
for which a public body contracts with a design-build team pursuant to NRS
338.1711 to 338.1727, inclusive;
or

(f) A constructability review of a public work,
which review a local government or its authorized representative is required to
perform pursuant to NRS 338.1435 .
[; or

(g) The
preconstruction or construction of a public work for which a public body enters
into a contract with a construction manager at risk pursuant to NRS 338.169 to
338.16995, inclusive.]

Sec. 7. (Deleted by amendment.)

Sec. 7.5. NRS
338.169 is hereby amended to read as follows:

338.169 [A]

1. Subject
to the provisions of subsection 2, a public body may construct a
public work by:

[1.](a) Selecting a construction manager at
risk pursuant to the provisions of NRS 338.1691 to 338.1696, inclusive; and

[2.](b) Entering into separate contracts
with a construction manager at risk:

[(a)](1) For preconstruction services,
including, without limitation:

[(1)](I) Assisting the public body in
determining whether scheduling or constructability problems exist that would
delay the construction of the public work;

[(2)](II) Estimating the cost of the labor
and material for the public work; and

[(3)](III) Assisting the public body in
determining whether the public work can be constructed within the public bodys
budget; and

[(b)](2) To construct the public work.

2. A public body in a county whose
population is less than 100,000 may enter into contracts with a construction
manager at risk pursuant to NRS 338.169 to 338.16995, inclusive, for the
construction of not more than two public works in a calendar year that are
discrete projects.

Sec. 8. NRS
338.1692 is hereby amended to read as follows:

338.1692 1. A public body or
its authorized representative shall advertise for proposals for a construction
manager at risk in a newspaper qualified pursuant to chapter 238 of NRS that is
published in the county where the public work will be performed. If no
qualified newspaper is published in the county where the public work will be
performed, the required advertisement must be published in some qualified
newspaper that is printed in the State of Nevada and has a general circulation
in the county.

2. A request for proposals published
pursuant to subsection 1 must include, without limitation:

(c) A description of the work that the public
body expects a construction manager at risk to perform;

(d) The dates on which it is anticipated that the
separate phases of the preconstruction and construction of the public work will
begin and end;

(e) The date by which proposals must be submitted
to the public body;

(f) If the project is a public work of the State,
a statement setting forth that the construction manager at risk must be qualified
to bid on a public work of the State pursuant to NRS 338.1379 before submitting
a proposal;

(g) The name, title, address and telephone number
of a person employed by the public body that an applicant may contact for
further information regarding the public work;

(h) A list of the selection criteria and relative
weight of the selection criteria that will be used to [evaluate]rank proposals[;]pursuant to subsection 2 of NRS
338.1693;

(i) A
list of the selection criteria and relative weight of the selection criteria
that will be used to rank applicants pursuant to subsection 7 of NRS 338.1693; and

[(i)](j) A notice that the proposed form of
the contract to assist in the preconstruction of the public work or to
construct the public work, including, without limitation, the terms and general
conditions of the contract, is available from the public body.

3. A proposal must include, without
limitation:

(a) An explanation of the experience that the
applicant has with projects of similar size and scope in both the public and
private sectors[,]by any delivery method, whether or
not that method was the use of a construction manager at risk, and including,
without limitation, [an explanation of the experience that the applicant has in
assisting in the design of such projects]design-build, design-assist, negotiated
work or value-engineered work, and an explanation of the
experience that the applicant has in such projects in Nevada;

(b) The contact information for references who
have knowledge of the background, character and technical competence of the
applicant;

(c) Evidence of the ability of the applicant to
obtain the necessary bonding for the work to be required by the public body;

(d) Evidence that the applicant has obtained or
has the ability to obtain such insurance as may be required by law;

(e) A statement of whether the applicant has
been:

(1) Found liable for breach of contract
with respect to a previous project, other than a breach for legitimate cause,
during the 5 years immediately preceding the date of the advertisement for
proposals; and

(2) Disqualified from being awarded a
contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;

(f) The professional qualifications and
experience of the applicant, including, without limitation, the resume of any
employee of the applicant who will be managing the preconstruction and
construction of the public work;

(g) The safety programs established and the
safety records accumulated by the applicant;

(h) Evidence that the applicant is licensed as a
contractor pursuant to chapter 624 of NRS;

(i) The proposed plan of the applicant to manage
the preconstruction and construction of the public work which sets forth in
detail the ability of the applicant to provide preconstruction services and to
construct the public work[;]
and which includes, if the public
work involves predominantly horizontal construction, a statement that the
applicant will perform construction work equal in value to at least 25 percent
of the estimated cost of construction; and

(j) If the project is for the design of a public
work of the State, evidence that the applicant is qualified to bid on a public
work of the State pursuant to NRS 338.1379.

4. The
public body or its authorized representative shall make available to the public
the name of each applicant who submits a proposal pursuant to this section.

Sec. 9. NRS
338.1693 is hereby amended to read as follows:

338.1693 1. The public body
or its authorized representative shall appoint a panel consisting of at least
three but not more than seven members,
[at least two]a majority of whom must have experience in the
construction industry, to rank the proposals submitted to the public body by
evaluating the proposals as required pursuant to subsections 2 and 3.

2. The panel appointed pursuant to subsection 1 shall rank
the proposals by:

(a) Verifying that each applicant satisfies the
requirements of NRS 338.1691; and

(b) Evaluating and assigning a score to each of
the proposals received by the public body based on the factors and relative
weight assigned to each factor that the public body specified in the request
for proposals.

3. When ranking the proposals, the panel appointed pursuant to subsection 1 shall
assign a relative weight of 5 percent to the applicants possession of a
certificate of eligibility to receive a preference in bidding on public works
if the applicant submits a signed affidavit that meets the requirements of
subsection 1 of NRS 338.0117. If any federal statute or regulation precludes
the granting of federal assistance or reduces the amount of that assistance for
a particular public work because of the provisions of this subsection, those
provisions of this subsection do not apply insofar as their application would
preclude or reduce federal assistance for that work.

4. After the panel appointed pursuant to subsection 1 ranks the
proposals, the public body or its authorized representative shall, except as
otherwise provided in subsection [5,]8, select at least the two
but not more than the five applicants whose proposals received the highest
scores for interviews.

5. The
public body or its authorized representative may appoint a separate panel to
interview and rank the applicants selected pursuant to subsection 4. If a
separate panel is appointed pursuant to this subsection, the panel must consist
of at least three but not more than seven members, a majority of whom must have
experience in the construction industry.

6. During
the interview process, the [public body or its authorized representative]panel conducting the interview may
require the applicants to submit a preliminary proposed amount of compensation
for managing the preconstruction and construction of the public work, but in no
event shall the proposed amount of compensation exceed 20 percent of the
scoring for the selection of the most qualified applicant. All presentations made at any interview conducted pursuant to this subsection or subsection 5
may be made only by key personnel employed by the applicant, as determined by
the applicant, and the employees of the applicant who will be directly
responsible for managing the preconstruction and construction of the public
work.

interview
conducted pursuant to this subsection or subsection 5 may be made only by key
personnel employed by the applicant, as determined by the applicant, and the
employees of the applicant who will be directly responsible for managing the
preconstruction and construction of the public work.

7. After
conducting such interviews, the panel that conducted the interviews shall rank the
applicants by using a ranking process that is separate from the process used to
rank [proposals]the applicants pursuant to subsection 2and is based only on
information submitted during the interview process. The score to be given for
the proposed amount of compensation, if any, must be calculated by dividing the
lowest of all the proposed amounts of compensation by the applicants proposed
amount of compensation multiplied by the total possible points available to
each applicant.

[5.] When ranking the applicants, the panel that conducted the
interviews shall assign a relative weight of 5 percent to the applicants possession
of a certificate of eligibility to receive a preference in bidding on public
works if the applicant submits a signed affidavit that meets the requirements
of subsection 1 of NRS 338.0117. If any federal statute or regulation precludes the granting of
federal assistance or reduces the amount of that assistance for a particular
public work because of the provisions of this subsection, those provisions of
this subsection do not apply insofar as their application would preclude or
reduce federal assistance for that work.

8. If
the public body did not receive at least two proposals, the public body may not
contract with a construction manager at risk.

[6.] 9. Upon receipt of the final
rankings of the applicants from the panel[,]that conducted the interviews, the
public body or its authorized representative shall enter into negotiations with
the most qualified applicant determined pursuant to [subsections 2, 3 and 4]the provisions of this section for
a contract for preconstruction services, unless the public body required the
submission of a proposed amount of compensation, in which case the proposed
amount of compensation submitted by the applicant must be the amount offered
for the contract. If the public body or its authorized representative is unable
to negotiate a contract with the most qualified applicant for an amount of
compensation that the public body or its authorized representative and the most
qualified applicant determine to be fair and reasonable, the public body or its
authorized representative shall terminate negotiations with that applicant. The
public body or its authorized representative may then undertake negotiations
with the next most qualified applicant in sequence until an agreement is
reached and, if the negotiation is undertaken by an authorized representative
of the public body, approved by the public body or until a determination is
made by the public body to reject all applicants.

[7.] 10. The public body or its
authorized representative shall make available to all applicants and the public
the final rankings of the applicants , as determined by the panel that conducted the interviews, and
shall provide, upon request, an explanation to any unsuccessful applicant of
the reasons why the applicant was unsuccessful.

Sec. 10. NRS
338.1696 is hereby amended to read as follows:

338.1696 1. If a public body
enters into a contract with a construction manager at risk for preconstruction
services pursuant to NRS 338.1693, after the public body
has finalized the design for the public work, or any portion thereof sufficient
to determine the provable cost of that portion, the public body shall enter
into negotiations with the construction manager at risk for a contract to
construct the public work or the portion thereof for the public body for:

the public body has finalized the design for the public work,
or any portion thereof sufficient to determine the provable cost of that
portion, the public body shall enter into negotiations with the construction
manager at risk for a contract to construct the public work or the portion
thereof for the public body for:

(a) The cost of the work, plus a fee, with a
guaranteed maximum price;

(b) A fixed price; or

(c) A fixed price plus reimbursement for overhead
and other costs and expenses related to the construction of the public work or
portion thereof.

2. If the public body is unable to
negotiate a satisfactory contract with the construction manager at risk to
construct the public work or portion thereof, the public body shall terminate
negotiations with that applicant and:

(a) May award the contract for the public work:

(1) If the public body is not a local
government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive.

(2) If the public body is a local
government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive,
or 338.143 to 338.148, inclusive; and

(b) Shall accept a bid to construct the public
work from the construction manager at risk with whom the public body entered
into a contract for preconstruction services.

3. Before
entering into a contract with the public body to construct a public work or a
portion thereof pursuant to subsection 1, the construction manager at risk
shall:

(a) Provide
the public body with a list of the labor or portions of the work which are
estimated by the construction manager at risk to exceed 1 percent of the
estimated cost of the public work; and

(b) Select
each subcontractor who is to provide labor or a portion of the work which is
estimated by the construction manager at risk to exceed 1 percent of the
estimated cost of the public work in accordance with NRS 338.16991 and
338.16995 and provide the names of each selected subcontractor to the public
body.

4. Except
as otherwise provided in subsection 13 of NRS 338.16995, a public body shall
not interfere with the right of the construction manager at risk to select the
subcontractor whom the construction manager at risk determines to have
submitted the best proposal pursuant to NRS 338.16995.

Sec. 11. NRS
338.16985 is hereby amended to read as follows:

338.16985 A construction manager at risk
who enters into a contract for the construction of a public work pursuant to
NRS 338.1696:

1. Is responsible for contracting for the
services of any necessary subcontractor, supplier or independent contractor
necessary for the construction of the public work and for the performance of
and payment to any such subcontractors, suppliers or independent contractors.

2. If the public work involves [the]predominantly horizontal construction ,[of a fixed work that is
described in subsection 2 of NRS 624.215,] shall perform [not
less than 25]construction
work equal in value to at least 25 percent of the estimated cost of construction
[of the fixed work] himself or herself , or using his or her own
employees.

3. If the public work involves [the]predominantly vertical construction ,[of a building or
structure that is described in subsection 3 of NRS 624.215,]
may perform himself or herself or using his or her own employees as much of the construction of the building or structure that
the construction manager at risk is able to demonstrate that the construction
manager at risk or his or her own employees have performed on similar projects.

as much of the construction of the building or structure that
the construction manager at risk is able to demonstrate that the construction
manager at risk or his or her own employees have performed on similar projects.

Sec. 12. NRS
338.16991 is hereby amended to read as follows:

338.16991 1. To be eligible
to provide labor, materials or equipment on a public work, the contract for
which a public body has entered into with a construction manager at risk
pursuant to NRS 338.1696, a subcontractor must be:

(a) Licensed pursuant to chapter 624 of NRS; and

(b) Qualified pursuant to the provisions of this
section to submit a proposal for the provision of labor, materials or equipment
on a public work.

2. Subject to the provisions of
subsections 3, 4 and 5, the construction manager at risk shall determine
whether an applicant is qualified to submit a proposal for the provision of
labor, materials or equipment on the public work for the purposes of paragraph
(b) of subsection 1.

3. Not earlier than 30 days after a construction manager at
risk has been selected pursuant to NRS 338.1693 [After
the design and schedule for the construction of the public work is sufficiently
detailed and complete to allow a subcontractor to apply to qualify to submit a
meaningful and responsive proposal for the provision of labor, materials or
equipment on the public work] and not later than [21]10 working days
before the date by which [such] an application must be submitted,
the construction manager at risk shall advertise for [such]
applications from subcontractors in
a newspaper qualified pursuant to chapter 238 of NRS that is published in the
county where the public work will be performed. If no qualified newspaper is
published in the county where the public work will be performed, the advertisement
must be published in some qualified newspaper that is printed in the State of
Nevada and has a general circulation in the county. The construction manager at risk may accept an application
from a subcontractor before advertising for applications pursuant to this
subsection.

4. The criteria to be used by the
construction manager at risk when determining whether an applicant is qualified
to submit a proposal for the provision of labor, materials or equipment must
include, and must be limited to:

(a) The monetary limit placed on the license of
the applicant by the State Contractors Board pursuant to NRS 624.220;

(b) The financial ability of the applicant to
provide the labor, materials or equipment required on the public work;

(c) Whether the applicant has the ability to
obtain the necessary bonding for the work required by the public body;

(d) The safety programs established and the
safety records accumulated by the applicant;

(e) Whether the applicant has breached any
contracts with a public body or person in this State or any other state during
the 5 years immediately preceding the application;

(f) Whether the applicant has been disciplined or
fined by the State Contractors Board or another state or federal agency for
conduct that relates to the ability of the applicant to perform the public
work;

(g) The performance history of the applicant
concerning other recent, similar public or private contracts, if any, completed
by the applicant in Nevada;

(i) Whether the applicant has been disqualified
from the award of any contract pursuant to NRS 338.017 or 338.13895; and

(j) The truthfulness and completeness of the
application.

5. The public body or its authorized
representative shall ensure that each determination made pursuant to subsection
2 is made subject to the provisions of subsection 4.

6. The construction manager at risk shall
notify each applicant and the public body in writing of a determination made
pursuant to subsection 2.

7. A determination made pursuant to
subsection 2 that an applicant is not qualified may be appealed pursuant to NRS
338.1381 to the public body with whom the construction manager at risk has
entered into a contract for the construction of the public work.

Sec. 13. NRS
338.16995 is hereby amended to read as follows:

338.16995 1. If a public body
enters into a contract with a construction manager at risk for the construction
of a public work pursuant to NRS 338.1696, the construction manager at risk may
enter into a subcontract for the provision of labor, materials and equipment
necessary for the construction of the public work only as provided in this
section.

2. The provisions of this section apply
only to a subcontract for which the estimated value is at least 1 percent of
the total cost of the public work[.] or $50,000, whichever is greater.

3. After the design and schedule for the
construction of the public work is sufficiently detailed and complete to allow
a subcontractor to submit a meaningful and responsive proposal, and not later
than 21 days before the date by which a proposal for the provision of labor,
materials or equipment by a subcontractor must be submitted, the construction
manager at risk shall notify in writing each subcontractor who was determined
pursuant to NRS 338.16991 to be qualified to submit such a proposal of a
request for such proposals. A copy of the notice required pursuant to this
subsection must be provided to the public body.

4. The notice required pursuant to
subsection 3 must include, without limitation:

(a) A description of the design for the public
work and a statement indicating where a copy of the documents relating to that
design may be obtained;

(b) A description of the type and scope of labor,
equipment and materials for which subcontractor proposals are being sought;

(c) The dates on which it is anticipated that
construction of the public work will begin and end;

(d) [The]If a preproposal meeting regarding
the scope of the work to be performed by the subcontractor is to be held, the date,
time and place at which [a] the preproposal meeting will be held;

(e) The date and time by which proposals must be
received, and to whom they must be submitted;

(f) The date, time and place at which proposals
will be opened for evaluation;

(g) A description of the bonding and insurance
requirements for subcontractors;

(h) Any other information reasonably necessary
for a subcontractor to submit a responsive proposal; and

Notice: For a proposal for a
subcontract on the public work to be considered:

1. The
subcontractor must be licensed pursuant to chapter 624 of NRS;

2. The proposal
must be timely received;

3. [The]If a preproposal meeting regarding
the scope of the work to be performed by the subcontractor is held,thesubcontractor
must attend the preproposal meeting; and

4. The
subcontractor may not modify the proposal after the date and time the proposal
is received.

5. A subcontractor may not modify a
proposal after the date and time the proposal is received.

6. To be considered responsive, a proposal
must:

(a) Be timely received by the construction
manager at risk; and

(b) Substantially and materially conform to the
details and requirements included in the proposal instructions and for the
finalized bid package for the public work, including, without limitation,
details and requirements affecting price and performance.

7. The opening of the proposals must be
attended by an authorized representative of the public body .[and]The public body may require the
architect or engineer responsible for the design of the public work [but]to attend the opening of the
proposals. The opening of the proposals is not otherwise open to
the public.

8. At the time the proposals are opened,
the construction manager at risk shall compile and provide to the public body
or its authorized representative a list that includes, without limitation, the
name and contact information of each subcontractor who submits a timely
proposal . [and
the price of the proposal submitted by the subcontractor. The list must be made
available to the public upon request.]

9. Not [less]more than 10 working
days after opening the proposals[,]and before the construction
manager at risk submits a guaranteed maximum price, a fixed price or a fixed
price plus reimbursement pursuant to NRS 338.1696, the
construction manager at risk shall:

(a) Evaluate the proposals and determine which
proposals are responsive.

(b) Select the subcontractor who submits the
proposal that the construction manager at risk determines is the best proposal.
Subject to the provisions of
subparagraphs (1), (2) and (3), if only one subcontractor submits a proposal,
the construction manager at risk may select that subcontractor. The
subcontractor must be selected from among those:

(1) Who attended the preproposal meeting[;] regarding the scope of the work to be
performed by the subcontractor, if such a preproposal meeting was held;

(2) Who submitted a responsive proposal;
and

(3) Whose names are included on the list
compiled and provided to the public body or its authorized representative
pursuant to subsection 8.

(c) Inform the public body or its authorized
representative which subcontractor has been selected.

10. The public body or its authorized
representative shall ensure that the evaluation of proposals and selection of
subcontractors are done pursuant to the provisions of this section and
regulations adopted by the State Public Works Board.

11. A subcontractor selected pursuant to
subsection 9 need not be selected by the construction manager at risk solely on
the basis of lowest price.

12. Except as otherwise provided in [subsection]subsections 13[,]and 15, the construction
manager at risk shall enter into a subcontract with a subcontractor selected
pursuant to subsection 9 to provide the labor, materials or equipment described
in the request for proposals.

13. A construction manager at risk shall
not substitute a subcontractor for any subcontractor selected pursuant to
subsection 9 unless:

(a) The public body or its authorized
representative objects to the subcontractor, requests in writing a change in
the subcontractor and pays any increase in costs resulting from the change; or

(b) The substitution is approved by the public
body after the selected subcontractor:

(1) Files for bankruptcy or becomes
insolvent;

(2) After having a reasonable opportunity,
fails or refuses to execute a written contract with the construction manager at
risk which was offered to the selected subcontractor with the same general
terms that all other subcontractors on the project were offered;

(3) Fails or refuses to perform the
subcontract within a reasonable time;

(4) Is unable to furnish a performance
bond and payment bond pursuant to NRS 339.025, if required for the public work;
or

(5) Is not properly licensed to provide
that labor or portion of the work.

14. If a construction manager at risk substitutes a
subcontractor for any subcontractor selected pursuant to subsection 9 without
complying with the provisions of subsection 13, the construction manager at
risk shall forfeit, as a penalty to the public body, an amount equal to 1
percent of the total amount of the contract.

15. If
a construction manager at risk does not select a subcontractor pursuant to
subsection 9 to perform a portion of work on a public work, the construction
manager at risk shall notify the public body that the construction manager at
risk intends to perform that portion of work. If, after providing such
notification, the construction manager at risk substitutes a subcontractor to
perform the work, the construction manager at risk shall forfeit, as a penalty
to the public body, the lesser of, and excluding any amount of the contract
that is attributable to change orders:

(a) An
amount equal to 2.5 percent of the total amount of the contract; or

(b) An
amount equal to 35 percent of the estimate by the engineer of the cost of the
work the construction manager at risk selected himself or herself to perform on
the public work.

16. The
construction manager at risk shall make available to the public[, including, without
limitation,]the
name of each subcontractor who submits a proposal . [, the final rankings of
the subcontractors and shall provide, upon request, an explanation to any
subcontractor who is not selected of the reasons why the subcontractor was not
selected.]

[15.]17. If a public work is being
constructed in phases, and a construction manager at risk selects a
subcontractor pursuant to subsection 9 for the provision of labor, materials or
equipment for any phase of that construction, the construction manager at risk
may select that subcontractor for the provision of labor, materials or
equipment for any other phase of the construction without following the
requirements of subsections 3 to 11, inclusive.

18. As
used in this section, general terms has the meaning ascribed to it in NRS
338.141.

Sec. 13.5. NRS
338.1711 is hereby amended to read as follows:

338.1711 1. Except as
otherwise provided in this section and NRS 338.161 to [338.16995,]338.168, inclusive,
a public body shall contract with a prime contractor for the construction of a
public work for which the estimated cost exceeds $100,000.

2. A public body may contract with a
design-build team for the design and construction of a public work that is a
discrete project if the public body has approved the use of a design-build team
for the design and construction of the public work and the public work has an
estimated cost which exceeds $5,000,000.

Sec. 14. NRS
338.1908 is hereby amended to read as follows:

338.1908 1. The governing
body of each local government shall, by July 28, 2009, develop a plan to
retrofit public buildings, facilities and structures, including, without
limitation, traffic-control systems, and to otherwise use sources of renewable
energy to serve those buildings, facilities and structures. Such a plan must:

(a) Include a list of specific projects. The
projects must be prioritized and selected on the basis of the following
criteria:

(1) The length of time necessary to
commence the project.

(2) The number of workers estimated to be
employed on the project.

(3) The effectiveness of the project in
reducing energy consumption.

(4) The estimated cost of the project.

(5) Whether the project is able to be
powered by or otherwise use sources of renewable energy.

(6) Whether the project has qualified for
participation in one or more of the following programs:

(I) The Solar Energy Systems
Incentive Program created by NRS 701B.240;

(II) The Renewable Energy School
Pilot Program created by NRS 701B.350;

(III) The Wind Energy Systems
Demonstration Program created by NRS 701B.580; or

(IV) The Waterpower Energy Systems
Demonstration Program created by NRS 701B.820.

(b) Include a list of potential funding sources
for use in implementing the projects, including, without limitation, money
available through the Energy Efficiency and Conservation Block Grant Program as
set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of
money from public and private sources.

2. The governing body of each local
government shall transmit the plan developed pursuant to subsection 1 to the
Director of the Office of Energy and to any other entity designated for that
purpose by the Legislature.

(a) Local government means each city or county
that meets the definition of eligible unit of local government as set forth
in 42 U.S.C. § 17151 and each unit of local government, as defined in
subsection [12]13 of NRS 338.010, that does not meet the
definition of eligible entity as set forth in 42 U.S.C. § 17151.

(b) Renewable energy means a source of energy
that occurs naturally or is regenerated naturally, including, without
limitation:

(1) Biomass;

(2) Fuel cells;

(3) Geothermal energy;

(4) Solar energy;

(5) Waterpower; and

(6) Wind.

Κ The term
does not include coal, natural gas, oil, propane or any other fossil fuel, or
nuclear energy.

(c) Retrofit means to alter, improve, modify,
remodel or renovate a building, facility or structure to make that building,
facility or structure more energy-efficient.

Sec. 14.1. NRS
338.1908 is hereby amended to read as follows:

338.1908 1. The governing body of
each local government shall, by July 28, 2009, develop a plan to retrofit
public buildings, facilities and structures, including, without limitation,
traffic-control systems, and to otherwise use sources of renewable energy to
serve those buildings, facilities and structures. Such a plan must:

(a) Include a list of specific projects. The projects
must be prioritized and selected on the basis of the following criteria:

(1) The length of time necessary to commence
the project.

(2) The number of workers estimated to be
employed on the project.

(3) The effectiveness of the project in
reducing energy consumption.

(4) The estimated cost of the project.

(5) Whether the project is able to be powered
by or otherwise use sources of renewable energy.

(6) Whether the project has qualified for
participation in one or more of the following programs:

(I) The Solar Energy Systems Incentive
Program created by NRS 701B.240;

(II) The Renewable Energy School Pilot
Program created by NRS 701B.350;

(III) The Wind Energy Systems
Demonstration Program created by NRS 701B.580; or

(IV) The Waterpower Energy Systems
Demonstration Program created by NRS 701B.820.

(b) Include a list of potential funding sources for
use in implementing the projects, including, without limitation, money
available through the Energy Efficiency and Conservation Block Grant Program as
set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of
money from public and private sources.

2. The governing body of each local government
shall transmit the plan developed pursuant to subsection 1 to the Director of
the Office of Energy and to any other entity designated for that purpose by the
Legislature.

(a) Local government means each city or county that
meets the definition of eligible unit of local government as set forth in 42
U.S.C. § 17151 and each unit of local government, as defined in subsection [13]12 of NRS 338.010,
that does not meet the definition of eligible entity as set forth in 42
U.S.C. § 17151.

(b) Renewable energy means a source of energy that
occurs naturally or is regenerated naturally, including, without limitation:

(1) Biomass;

(2) Fuel cells;

(3) Geothermal energy;

(4) Solar energy;

(5) Waterpower; and

(6) Wind.

Κ The term does not
include coal, natural gas, oil, propane or any other fossil fuel, or nuclear
energy.

(c) Retrofit means to alter, improve, modify,
remodel or renovate a building, facility or structure to make that building,
facility or structure more energy-efficient.

Sec. 14.3. The Department of
Transportation shall:

1. Conduct a study on the benefits to this
State of entering into contracts with construction managers at risk pursuant to
NRS 338.169 to 338.16995, inclusive, for the construction, reconstruction,
improvement or maintenance of highways; and

2. On or before January 31, 2017, submit a report of
the results of the study and any recommendations for legislation to the
Director of the Legislative Counsel Bureau for transmittal to the 79th Session
of the Nevada Legislature.

Sec. 14.5. 1. On or
before January 1 of each year, each public body that enters into a contract
during the immediately preceding year with a construction manager at risk
pursuant to NRS 338.169 to 338.16995, inclusive, for preconstruction services
for or to construct a public work shall submit a report to the Director of the
Legislative Counsel Bureau for transmittal to the Legislature, or to the
Legislative Commission if the report is submitted during an odd-numbered year.

2. The report required by subsection 1 must
include, for each public work for which the public body enters into a contract
with a construction manager at risk:

(a) A description of the public work;

(b) The name of the construction manager at risk;

(c) If the public work has not been completed at the
time the report is submitted, a report on the progress of the public work; and

(d) If the public work has been completed at the time
the report is submitted, an explanation of whether the public body is satisfied
with the public work and with the contractual arrangement with the construction
manager at risk.

3. As used in this section:

(a) Public body has the meaning ascribed to it in
subsection 16 of NRS 338.010, as amended by section 2 of this act.

(b) Public work has the meaning ascribed to it in
subsection 17 of NRS 338.010, as amended by section 2 of this act.

AN ACT relating to
criminal justice; revising provisions governing the crime of burglary; revising
provisions governing the crime of vagrancy; authorizing the Advisory Commission
on the Administration of Justice to apply for and accept certain money;
requiring the Commission to study and report on certain issues; authorizing
each county to establish a community court pilot project to provide an
alternative to sentencing a person who is charged with certain misdemeanors;
and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law provides that a person who enters certain
structures with the intent to commit grand or petit larceny, assault or
battery, any felony or to obtain money by false pretenses is guilty of the
crime of burglary. (NRS 205.060) Existing law also provides that a person
commits the crime of petit larceny if the person intentionally steals, takes
and carries, leads or drives away certain goods or property. (NRS 205.240) Section
1 of this bill removes the crime of petit larceny from the underlying
offenses which constitute burglary if the petit larceny was intended to be
committed in a commercial establishment during business hours and the person
has not: (1) twice previously been convicted of petit larceny within the
previous 7 years; or (2) previously been convicted of a felony.

Existing law prohibits a person from lodging in any
building, structure or place without certain permission. (NRS 207.030) Section
1.5 of this bill further prohibits a person from lodging in such a place if
the property is the subject of a notice of default and election to sell or is
placed on a registry of vacant, abandoned or foreclosed property, unless the
person is the owner, tenant or otherwise entitled to possession of the
property.

Existing law establishes the Advisory Commission on the
Administration of Justice and directs the Commission, among other duties, to
identify and study the elements of this States system of criminal justice.
(NRS 176.0123, 176.0125) Section 3 of this bill authorizes the Chair of
the Commission to apply for grants and accept grants, bequests, devises,
donations and gifts. Section 8 of this bill requires the Commission to
include certain items relating to criminal justice on an agenda for discussion
and to issue a report.

Existing law provides that a misdemeanor is punishable by
a fine of not more than $1,000 or imprisonment in the county jail for not more
than 6 months, or by both a fine and imprisonment. (NRS 193.150) Section 10
of this bill authorizes each county to establish a community court pilot
project within any of its justice courts located in the county to provide an alternative to
sentencing a person who is charged with certain misdemeanors.

located in the county to provide an alternative to sentencing a
person who is charged with certain misdemeanors. Section 11 of this bill
requires the community court to evaluate each defendant to determine whether
services or treatment is likely to assist the defendant to modify behavior or
obtain skills that may prevent the defendant from engaging in further criminal
activity. The services or treatment that the community court may order the
defendant to receive may include, without limitation, treatment for alcohol or
substance abuse, health education, treatment for mental health, family
counseling, literacy assistance, job training, housing assistance or any other
services or treatment that the community court deems appropriate. Section 11
provides that if the defendant successfully completes all conditions imposed by
the community court, the sentence to which the defendant agreed upon with the
justice court must not be executed or recorded. If the defendant does not
successfully complete the conditions imposed, the case will be transferred back
to the justice court, and the sentence must be carried out.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
205.060 is hereby amended to read as follows:

205.060 1. [A]Except as otherwise provided in
subsection 5, a person who, by day or night, enters any house,
room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse
or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or house
trailer, airplane, glider, boat or railroad car, with the intent to commit
grand or petit larceny, assault or battery on any person or any felony, or to
obtain money or property by false pretenses, is guilty of burglary.

2. Except as otherwise provided in this
section, a person convicted of burglary is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a minimum term of not
less than 1 year and a maximum term of not more than 10 years, and may be
further punished by a fine of not more than $10,000. A person who is convicted
of burglary and who has previously been convicted of burglary or another crime
involving the forcible entry or invasion of a dwelling must not be released on
probation or granted a suspension of sentence.

3. Whenever a burglary is committed on a
vessel, vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider,
boat or railroad car, in motion or in rest, in this State, and it cannot with
reasonable certainty be ascertained in what county the crime was committed, the
offender may be arrested and tried in any county through which the vessel,
vehicle, vehicle trailer, semitrailer, house trailer, airplane, glider, boat or
railroad car traveled during the time the burglary was committed.

4. A person convicted of burglary who has
in his or her possession or gains possession of any firearm or deadly weapon at
any time during the commission of the crime, at any time before leaving the
structure or upon leaving the structure, is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 15 years, and may be
further punished by a fine of not more than $10,000.

5. The
crime of burglary does not include the act of entering a commercial
establishment during business hours with the intent to commit petit larceny
unless the person has previously been convicted:

(a) Two
or more times for committing petit larceny within the immediately preceding 7
years; or

(b) Of
a felony.

Sec. 1.5. NRS
207.030 is hereby amended to read as follows:

207.030 1. It is unlawful to:

(a) Offer or agree to engage in or engage in lewd
or dissolute conduct in any public place or in any place open to the public or
exposed to public view;

(b) Offer or agree to engage in, engage in or aid
and abet any act of prostitution;

(c) Be a pimp, panderer or procurer or live in or
about houses of prostitution;

(d) Seek admission to a house upon frivolous
pretexts for no other apparent motive than to see who may be therein, or to
gain an insight of the premises;

(e) Keep a place where lost or stolen property is
concealed;

(f) Loiter in or about any toilet open to the
public for the purpose of engaging in or soliciting any lewd or lascivious or
any unlawful act; or

(g) Lodge in any building, structure or place,
whether public or private[,
without]:

(1) Where
a notice of default and election to sell has been recorded, unless the person
is the owner, tenant or entitled to the possession or control thereof;

(2) Which
has been placed on a registry of vacant, abandoned or foreclosed property by a
local government, unless the person is the owner, tenant or entitled to the
possession or control thereof; or

(3) Without
the permission of the owner or person entitled to the possession
or in control thereof.

2. A person who violates a provision of
subsection 1 shall be punished:

(a) For the first violation of paragraph (a), (b)
or (c) of subsection 1 and for each subsequent violation of the same paragraph
occurring more than 3 years after the first violation, for a misdemeanor.

(b) For the second violation of paragraph (a),
(b) or (c) of subsection 1 within 3 years after the first violation of the same
paragraph, by imprisonment in the county jail for not less than 30 days nor
more than 6 months and by a fine of not less than $250 nor more than $1,000.

(c) For the third or subsequent violation of
paragraph (a), (b) or (c) of subsection 1 within 3 years after the first
violation of the same paragraph, by imprisonment in the county jail for 6
months and by a fine of not less than $250 nor more than $1,000.

(d) For a violation of any provision of
paragraphs (d) to (g), inclusive, of subsection 1, for a misdemeanor.

3. The terms of imprisonment prescribed by
subsection 2 must be imposed to run consecutively.

4. A local government may enact an
ordinance which regulates the time, place or manner in which a person or group
of persons may beg or solicit alms in a public place or place open to the
public.

Sec. 3. Chapter
176 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
Chair of the Commission may apply for and accept any available grants and may
accept any bequests, devises, donations or gifts from any public or private
source to carry out the provisions of this section and NRS 176.0121 to
176.0129, inclusive.

2. Any
money received pursuant to this section must be deposited in the Special
Account for the Support of the Advisory Commission on the Administration of
Justice, which is hereby created in the State General Fund. Interest and income
earned on money in the Account must be credited to the Account. Money in the
Account may only be used for the support of the Commission and its activities
pursuant to this section and NRS 176.0121 to 176.0129, inclusive.

Sec. 4. NRS
176.0121 is hereby amended to read as follows:

176.0121 As used in NRS 176.0121 to
176.0129, inclusive, and section 3
of this act, Commission means the Advisory Commission on the
Administration of Justice.

Secs. 5-7. (Deleted by amendment.)

Sec. 8. 1. The
Advisory Commission on the Administration of Justice created pursuant to NRS
176.0123, shall, at a meeting held by the Commission, include as an item on the
agenda a discussion of the following issues:

(a) A review of sentencing for all criminal offenses
for which a term of imprisonment of more than 1 year may be imposed.

(b) An evaluation of the current system of parole,
including a review of whether the current system should be maintained, amended
or abolished.

(c) An evaluation of potential legislation relating to
offenders for whom traditional imprisonment is not considered appropriate. In
evaluating such potential legislation, the Commission shall consider current
practices governing sentencing and release from imprisonment and correctional
resources, including, without limitation, the capacities of local and state
correctional facilities and institutions.

2. Upon review of the issues pursuant to
subsection 1, the Commission shall prepare a comprehensive report including the
Commissions recommended changes, the
Commissions findings and any recommendations for proposed legislation.
The report must be submitted to the Chair of the Senate Standing Committee on
Judiciary and the Chair of the Assembly Standing Committee on Judiciary not
later than June 1, 2014.

Sec. 9. As used in sections 10 and
11 of this act, community court means the community court that is established
as part of a pilot project pursuant to section 10 of this act.

Sec. 10. 1. Each
county may establish a community court pilot project within any of the justice
courts located in the county to provide an alternative to sentencing a person
who is charged with a misdemeanor, other than a misdemeanor constituting an act
of domestic violence pursuant to NRS 33.018 or a violation of NRS 484C.110 or
484C.120.

2. Notwithstanding any other provision of law,
a defendant charged with a misdemeanor, other than a misdemeanor constituting
an act of domestic violence pursuant to NRS 33.018 or a violation of NRS
484C.110 or 484C.120, may be transferred to the community court by the justice
court if the defendant:

(c) Agrees to comply with the conditions imposed by
the community court; and

(d) Agrees to a sentence, including, without
limitation, a period of imprisonment in the county jail, which must be carried
out if the defendant does not successfully complete the conditions imposed by
the community court.

3. When a defendant is transferred to the
community court, sentencing must be postponed and, if the defendant successfully
completes all conditions imposed by the community court, the sentence of the
defendant must not be executed or appear on the record of the defendant. If the
defendant does not successfully complete all conditions imposed by the
community court, the sentence must be carried out.

4. A defendant who is transferred to the
community court remains under the supervision of the community court and must
comply with the conditions established by the community court.

5. Each county may collaborate with state and
local governmental entities as well as private persons and entities to
coordinate and determine the services and treatment that may be offered to
defendants who are transferred to the community court.

6. A defendant does not have a right to be
referred to the community court pursuant to this section. It is not intended
that the establishment or operation of the community court creates any right or
interest in liberty or property or establishes a basis for any cause of action
against the State of Nevada, its political subdivisions, agencies, boards,
commissions, departments, officers or employees. The decision by the justice
court of whether to refer a defendant to the community court is not subject to
appeal.

Sec. 11. 1. The
community court shall provide for the evaluation of each defendant transferred
to the community court to determine whether services or treatment is likely to
assist the defendant to modify his or her behavior or obtain skills which may
prevent the defendant from engaging in further criminal activity. Such services
or treatment may include, without limitation, treatment for alcohol or
substance abuse, health education, treatment for mental health, family
counseling, literacy assistance, job training, housing assistance or such other
services or treatment as the community court deems appropriate.

2. The community court shall provide or refer a
defendant to a provider of such services or treatment. The community court may
enter into contracts with persons or private entities that are qualified to
evaluate defendants and provide services or treatment to defendants.

3. A defendant who is ordered by the community
court to receive services or treatment shall pay for the services or treatment
to the extent of his or her financial resources.

4. The justice court shall not refuse to refer
a defendant to the community court based on the inability of the defendant to
pay any or all of the related costs.

5. The community court shall order a defendant
to perform a specified amount of community service in addition to any services
or treatment to which the defendant is ordered to receive. Such community
service must be performed for and under the supervising authority of a county,
city, town or other political subdivision or agency of
the State of Nevada or a charitable organization that renders service to the
community or its residents.

other political subdivision or agency of the State of Nevada or a
charitable organization that renders service to the community or its residents.

6. Notwithstanding any other provision of law,
if a defendant successfully completes the conditions imposed by the community
court, the community court shall so certify to the justice court, and the
sentence imposed pursuant to section 10 of this act must not be executed or
recorded. If the defendant does not successfully complete the conditions
imposed by the community court, the case must be transferred back to the
justice court, and the sentence must be carried out.

________

CHAPTER 489, AB 488

Assembly Bill No. 488Committee on Ways and Means

CHAPTER 489

[Approved:
June 11, 2013]

AN
ACT relating to governmental administration; consolidating the Health Division
and the Division of Mental Health and Developmental Services of the Department
of Health and Human Services into the Division of Public and Behavioral Health
of the Department; transferring the powers and duties concerning certain
services to children with autism spectrum disorders from the Health Division to
the Aging and Disability Services Division of the Department; transferring the
authority for developmental services in the Division of Mental Health and
Developmental Services to the Aging and Disability Services Division; replacing
the State Health Officer with a Chief Medical Officer; providing the
qualifications and duties of the Chief Medical Officer; renaming the Commission
on Mental Health and Developmental Services of the Department the Commission on
Behavioral Health; making the Aging and Disability Services Division of the
Department responsible for services for and other oversight relating to persons
with intellectual disabilities and persons with related conditions; making
various other changes to provisions relating to the organization of the
divisions of the Department; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Under existing law, the Health Division and the Division
of Mental Health and Developmental Services are separate divisions within the
Department of Health and Human Services. (NRS 232.300) This bill consolidates
those divisions into one division named the Division of Public and Behavioral
Health of the Department of Health and Human Services. Sections 1-5, 6, 7,
8, 10, 12, 14, 17, 18, 21, 21.7, 40, 42, 43, 46, 47, 66-68, 71-80, 81-88, 91-98
and 100-137 of this bill make conforming changes to carry out that
consolidation.

Existing law requires the Director of the Department of
Health and Human Services to appoint the Administrator of the Health Division
and the Administrator of the Division of Mental Health and Developmental
Services. (NRS 232.320) Section 2 eliminates those two Administrators
and instead provides for the appointment of an Administrator of the Division of
Public and Behavioral Health. Section 3 requires the Administrator, with
the consent of the Director of the Department, to appoint four deputies, one of
whom must have expertise or experience in mental health services.

Section 12 authorizes the Administrator to delegate his
or her powers, duties and functions to any officer, deputy or employee of the
Division. Section 21 establishes the qualifications of the
Administrator.

Section 4 renames the Commission on Mental Health
and Developmental Services within the Department of Health and Human Services
as the Commission on Behavioral Health. (NRS 232.361) The Commission retains
its duties except that section 25 of this bill requires the State Board
of Health, rather than the Commission, to adopt certain regulations regarding
the care and treatment of persons with mental illness, persons with substance
use disorders and persons with co-occurring disorders. In addition, although
the Commission will continue to consider certain issues relating to persons
with intellectual disabilities and persons with related conditions, regulations
regarding such persons are transferred to the Aging and Disability Services
Division of the Department in section 50 of this bill.

Under existing law, the Health Division and the Division
of Mental Health and Developmental Services have various responsibilities with
respect to persons with intellectual disabilities and persons with related
conditions. This bill transfers most of those responsibilities to the Aging and
Disability Services Division. Sections 9.3and 9.7 of this bill
add to the duties of the Aging and Disability Services Division the duty to
oversee those transferred responsibilities. Sections 49-59.7 of this
bill duplicate certain provisions of NRS which applied to both mental health
and intellectual disabilities to: (1) transfer the responsibilities relating to
persons with intellectual disabilities and persons with other related
conditions and applicable division facilities to the Aging and Disability
Services Division; and (2) continue the statutory rights of persons with
intellectual disabilities and persons with related conditions. Sections 7.5,
9-9.7, 10.3-20.5, 21.7, 27-39.8, 41, 45, 47, 60, 60.3, 61 and 137.2-137.8
of this bill make conforming changes to ensure the transfer of responsibilities
regarding persons with intellectual disabilities and persons with related
conditions and regarding applicable division facilities.

Section 61.5 of this bill designates the
Department of Health and Human Services rather than the Division of Mental
Health and Developmental Services as the official state agency responsible for
developing and administering preventive and outpatient mental health services.

Existing law creates the position of State Health Officer
within the Health Division of the Department of Health and Human Services and
requires the State Health Officer to enforce all laws and regulations
pertaining to the public health and to investigate matters relating to the
health and life of the people of this State. (NRS 439.090, 439.130) Section
64 of this bill instead provides for the appointment of a Chief Medical
Officer to take over the responsibilities of the State Health Officer. Section
63 of this bill establishes the qualifications of the Chief Medical
Officer. Section 65 of this bill sets forth the duties of the Chief
Medical Officer. Section 13 of this bill provides that the medical
director or other person in charge of certain facilities relating to mental
health is subject to the oversight of the Chief Medical Officer and is required
to report any information concerning the facility to the Chief Medical Officer
upon his or her request. Sections 69.5-71, 74, 80.5, 92, 95, 103, 125 and
133 of this bill make conforming changes to existing law.

Sections 88-90 and 99-101 of this bill also
transfer: (1) the powers and duties concerning certain services to children
with autism spectrum disorders from the Health Division to the Aging and
Disability Services Division of the Department of Health and Human Services;
and (2) the authority for developmental services from the Division of Mental
Health and Developmental Services to the Aging and Disability Services
Division.

Section 128 removes language from existing law
concerning transferring money from one account of the Health Division to an
account of the Division of Mental Health and Developmental Services. (NRS
453A.730) Since those Divisions are consolidated in this bill, there is no need
to transfer the money. Sections 131.5 and 131.7 make conforming changes.

Section 139 of this bill repeals various sections
of NRS which are no longer necessary because of the revisions made in this
bill.

Sections 140-142 of this bill provide transitory
provisions regarding the transfer of responsibilities, including the transfer
and adoption of regulations, the effect of name changes on any existing
contracts, revisions that may be necessary to other provisions of NRS and
administrative regulations to conform to the changes made in this bill and
other necessary directions to carry out the intent of this bill.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO
ENACT AS FOLLOWS:

Section 1. NRS
232.300 is hereby amended to read as follows:

232.300 1. The Department of
Health and Human Services is hereby created.

2. The Department consists of a Director
and the following divisions:

(a) Aging and Disability Services Division.

(b) [Health Division.

(c)] Division
of [Mental Health and Developmental Services.

(d)] Public and Behavioral Health.

(c) Division
of Welfare and Supportive Services.

[(e)] (d) Division of Child and Family
Services.

[(f)] (e) Division of Health Care Financing
and Policy.

3. The Department is the sole agency
responsible for administering the provisions of law relating to its respective
divisions.

Sec. 2. NRS
232.320 is hereby amended to read as follows:

232.320 1. The Director:

(a) Shall appoint, with the consent of the
Governor, administrators of the divisions of the Department, who are
respectively designated as follows:

(1) The Administrator of the Aging and
Disability Services Division;

(2) [The Administrator of the
Health Division;

(3)] The
Administrator of the Division of Welfare and Supportive Services;

[(4)] (3) The Administrator of the Division
of Child and Family Services;

[(5)] (4) The Administrator of the Division
of Health Care Financing and Policy; and

[(6)] (5) The Administrator of the Division
of [Mental Health and Developmental Services.] Public and Behavioral Health.

(b) Shall administer, through the divisions of
the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442,
inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310,
inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133,
inclusive, 432B.621 to 432B.626, inclusive, 444.003 to 444.430, inclusive, and
445A.010 to 445A.055, inclusive, and all other provisions of law relating to
the functions of the divisions of the Department, but is not responsible for
the clinical activities of the [Health] Division of Public and Behavioral Health or the
professional line activities of the other divisions.

(c) Shall administer any state program for
persons with developmental disabilities established pursuant to the
Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
§§ 15001 et seq.

(d) Shall, after considering advice from agencies
of local governments and nonprofit organizations which provide social services,
adopt a master plan for the provision of human services in this State. The
Director shall revise the plan biennially and deliver a
copy of the plan to the Governor and the Legislature at the beginning of each
regular session.

revise the plan biennially and deliver a copy of the plan to
the Governor and the Legislature at the beginning of each regular session. The
plan must:

(1) Identify and assess the plans and
programs of the Department for the provision of human services, and any
duplication of those services by federal, state and local agencies;

(2) Set forth priorities for the provision
of those services;

(3) Provide for communication and the
coordination of those services among nonprofit organizations, agencies of local
government, the State and the Federal Government;

(4) Identify the sources of funding for
services provided by the Department and the allocation of that funding;

(5) Set forth sufficient information to
assist the Department in providing those services and in the planning and
budgeting for the future provision of those services; and

(6) Contain any other information
necessary for the Department to communicate effectively with the Federal
Government concerning demographic trends, formulas for the distribution of
federal money and any need for the modification of programs administered by the
Department.

(e) May, by regulation, require nonprofit
organizations and state and local governmental agencies to provide information
regarding the programs of those organizations and agencies, excluding detailed
information relating to their budgets and payrolls, which the Director deems
necessary for the performance of the duties imposed upon him or her pursuant to
this section.

(f) Has such other powers and duties as are
provided by law.

2. Notwithstanding any other provision of
law, the Director, or the Directors designee, is responsible for appointing
and removing subordinate officers and employees of the Department, other than[:

(a) The
Executive Director of the Nevada Indian Commission who is appointed pursuant to
NRS 233A.055; and

(b) The]the State Public
Defender of the Office of State Public Defender who is appointed pursuant to
NRS 180.010.

Sec. 3. NRS
232.350 is hereby amended to read as follows:

232.350 Unless federal law or regulation
requires otherwise:

1. The administrators of the divisions of
the Department, except as otherwise provided in subsections 2 [and
3,], 3 and
4, may each appoint, with the consent of the Director, a deputy
and a chief assistant in the unclassified service of the State.

2. The Administrator of the Division of
Child and Family Services of the Department shall appoint, with the consent of
the Director, four deputies in the unclassified service of the State, one of
whom is the Deputy Administrator for Youth Corrections who is responsible only
for correctional services for youths for which the Division is responsible,
including, without limitation, juvenile correctional institutions, parole of
juveniles, administration of juvenile justice and programs for juvenile
justice.

3. The Administrator of the Division of
Health Care Financing and Policy of the Department may appoint, with the
consent of the Director, two deputies in the unclassified service of the State.

4. The
Administrator of the Division of Public and Behavioral Health shall appoint,
with the consent of the Director, four deputies in the unclassified service of
the State, one of
whom must have expertise or experience in mental health services.

232.361 1. There is hereby
created in the Department a Commission on [Mental Health and
Developmental Services]Behavioral Health consisting of 10 members
appointed by the Governor, at least 3 of whom have training or experience in
dealing with mental retardation.

2. The Governor shall appoint:

(a) A psychiatrist licensed to practice medicine
in this State, from a list of three candidates submitted by the Nevada
Psychiatric Association;

(b) A psychologist licensed to practice in this
State and experienced in clinical practice, from a list of four candidates
submitted by the Nevada State Psychological Association, two of whom must be
from northern Nevada and two of whom must be from southern Nevada;

(c) A physician, other than a psychiatrist,
licensed to practice medicine in this State and who has experience in dealing
with mental retardation, from a list of three candidates submitted by the
Nevada State Medical Association;

(d) A social worker who has a masters degree and
has experience in dealing with mental illness or mental retardation, or both;

(e) A registered nurse licensed to practice in
this State who has experience in dealing with mental illness or mental
retardation, or both, from a list of three candidates submitted by the Nevada
Nurses Association;

(f) A marriage and family therapist licensed to
practice in this State, from a list of three candidates submitted by the Nevada
Association for Marriage and Family Therapy;

(g) A person who has knowledge and experience in
the prevention of alcohol and drug abuse and the treatment and recovery of
alcohol and drug abusers through a program or service provided pursuant to
chapter 458 of NRS, from a list of three candidates submitted by the Division
of [Mental Health and Developmental Services]Public and Behavioral Health of
the Department;

(h) A current or former recipient of mental
health services provided by the State or any agency thereof;

(i) A representative of the general public who
has a special interest in the field of mental health; and

(j) A representative of the general public who has
a special interest in the field of mental retardation.

3. The Governor shall appoint the Chair of
the Commission from among its members.

4. After the initial terms, each member
shall serve a term of 4 years. If a vacancy occurs during a members term, the
Governor shall appoint a person qualified under this section to replace that
member for the remainder of the unexpired term.

Sec. 5. NRS
178.3983 is hereby amended to read as follows:

178.3983 Division means the Division of [Mental
Health and Developmental Services]Public and Behavioral Health of the Department
of Health and Human Services.

Sec. 5.5. NRS
178.3984 is hereby amended to read as follows:

178.3984 Division facility [has
the meaning ascribed to it]means a division facility as defined in NRS
433.094[.] and section 60 of this act.

Sec. 6. Chapter
278 of NRS is hereby amended by adding thereto a new section to read as
follows:

Division
means the Division of Public and Behavioral Health of the Department of Health
and Human Services.

278.0238 As used in NRS 278.0238 to 278.02388,
inclusive, and section 6 of this
act, unless the context otherwise requires, the words and terms
defined in NRS 278.02381 to 278.02385, inclusive, and section 6 of this act have the meanings
ascribed to them in those sections.

Sec. 7.5. NRS
353.335 is hereby amended to read as follows:

353.335 1. Except as
otherwise provided in subsections 5 and 6, a state agency may accept any gift
or grant of property or services from any source only if it is included in an
act of the Legislature authorizing expenditures of nonappropriated money or,
when it is not so included, if it is approved as provided in subsection 2.

2. If:

(a) Any proposed gift or grant is necessary
because of an emergency as defined in NRS 353.263 or for the protection or
preservation of life or property, the Governor shall take reasonable and proper
action to accept it and shall report the action and his or her reasons for
determining that immediate action was necessary to the Interim Finance
Committee at its first meeting after the action is taken. Action by the
Governor pursuant to this paragraph constitutes acceptance of the gift or
grant, and other provisions of this chapter requiring approval before
acceptance do not apply.

(b) The Governor determines that any proposed
gift or grant would be forfeited if the State failed to accept it before the
expiration of the period prescribed in paragraph (c), the Governor may declare
that the proposed acceptance requires expeditious action by the Interim Finance
Committee. Whenever the Governor so declares, the Interim Finance Committee has
15 days after the proposal is submitted to its Secretary within which to
approve or deny the acceptance. Any proposed acceptance which is not considered
within the 15-day period shall be deemed approved.

(c) The proposed acceptance of any gift or grant
does not qualify pursuant to paragraph (a) or (b), it must be submitted to the
Interim Finance Committee. The Interim Finance Committee has 45 days after the
proposal is submitted to its Secretary within which to consider acceptance. Any
proposed acceptance which is not considered within the 45-day period shall be
deemed approved.

3. The Secretary shall place each request
submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on
the agenda of the next meeting of the Interim Finance Committee.

4. In acting upon a proposed gift or
grant, the Interim Finance Committee shall consider, among other things:

(a) The need for the facility or service to be
provided or improved;

(b) Any present or future commitment required of
the State;

(c) The extent of the program proposed; and

(d) The condition of the national economy, and
any related fiscal or monetary policies.

5. A state agency may accept:

(a) Gifts, including grants from nongovernmental
sources, not exceeding $20,000 each in value; and

Κ if the gifts
or grants are used for purposes which do not involve the hiring of new
employees and if the agency has the specific approval of the Governor or, if
the Governor delegates this power of approval to the Chief of the Budget
Division of the Department of Administration, the specific approval of the
Chief.

6. This section does not apply to:

(a) The Nevada System of Higher Education;

(b) The Department of Health and Human Services
while acting as the state health planning and development agency pursuant to
paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants
to be disbursed pursuant to NRS 433.395[;]or section 55.2 of this act; or

(c) Artifacts donated to the Department of
Tourism and Cultural Affairs.

Sec. 8. NRS
353.349 is hereby amended to read as follows:

353.349 1. If the
Administrator of the [Health] Division of Public and Behavioral Health of the Department
of Health and Human Services determines that current claims exceed the amount
of money available because revenue from billed services has not been collected
or because of a delay in the receipt of money from federal grants, the
Administrator may request from the Director of the Department of Administration
a temporary advance from the State General Fund for the payment of authorized
expenses.

2. The Director of the Department of
Administration shall notify the State Controller and the Fiscal Analysis
Division of the Legislative Counsel Bureau of the Directors approval of a
request made pursuant to subsection 1. The State Controller shall draw his or
her warrant upon receipt of the approval by the Director of the Department of
Administration.

3. An advance from the State General Fund:

(a) May be approved by the Director of the
Department of Administration for the following budget accounts of the [Health]
Division of Public and Behavioral
Health of the Department of Health and Human Services:

(1) Consumer Health Protection;

(2) [Bureau of Laboratory and
Research;

(3)] Community
Health Services;

[(4)](3) Women, Infants and Children;

[(5)](4) Bureau of Health Facilities; and

[(6)](5) Radiological Health.

(b) Is limited to 25 percent of the revenues
expected to be received in the current fiscal year from any source other than
legislative appropriation.

4. Any money which is temporarily advanced
from the State General Fund to an account pursuant to subsection 3 must be
repaid by August 31 following the end of the immediately preceding fiscal year.

Sec. 9. NRS
353.351 is hereby amended to read as follows:

353.351 1. If the Administrator
of the Aging and Disability
Services Division [of Mental Health and Developmental Services]
of the Department of Health and Human Services determines that current claims
exceed the amount of money available because revenue from billed services has not
been collected, the Administrator may request from the Director of the
Department of Administration a temporary advance from the State General Fund
for the payment of authorized expenses.

2. The Director of the Department of
Administration shall notify the State Controller and the Fiscal Analysis
Division of the Legislative Counsel Bureau of the
Directors approval of a request made pursuant to subsection 1.

Bureau of the Directors approval of a request made pursuant
to subsection 1. The State Controller shall draw his or her warrant upon
receipt of the approval by the Director of the Department of Administration.

3. An advance from the State General Fund:

(a) May be approved by the Director of the
Department of Administration for the following budget accounts of the Aging and Disability Services Division
[of Mental Health and Developmental Services]
of the Department of Health and Human Services:

(1) Rural Regional Center;

(2) Desert Regional Center; and

(3) Sierra Regional Center.

(b) Is limited to 25 percent of the revenues
expected to be received in the current fiscal year from any source other than
legislative appropriation.

4. Any money which is temporarily advanced
from the State General Fund to an account pursuant to subsection 3 must be
repaid by August 31 following the end of the immediately preceding fiscal year.

Sec. 9.3. NRS
427A.040 is hereby amended to read as follows:

427A.040 1. The Division
shall, consistent with the priorities established by the Commission pursuant to
NRS 427A.038:

(a) Serve as a clearinghouse for information
related to problems of the aged and aging.

(b) Assist the Director in all matters pertaining
to problems of the aged and aging.

(c) Develop plans, conduct and arrange for
research and demonstration programs in the field of aging.

(d) Provide technical assistance and consultation
to political subdivisions with respect to programs for the aged and aging.

(f) Gather statistics in the field of aging which
other federal and state agencies are not collecting.

(g) Stimulate more effective use of existing
resources and available services for the aged and aging.

(h) Develop and coordinate efforts to carry out a
comprehensive State Plan for Providing Services to Meet the Needs of Older
Persons. In developing and revising the State Plan, the Division shall
consider, among other things, the amount of money available from the Federal
Government for services to aging persons and the conditions attached to the
acceptance of such money, and the limitations of legislative appropriations for
services to aging persons.

(i) Coordinate all state and federal funding of
service programs to the aging in the State.

2. The Division shall:

(a) Provide access to information about services
or programs for persons with disabilities that are available in this State.

(b) Work with persons with disabilities, persons
interested in matters relating to persons with disabilities and state and local
governmental agencies in:

(1) Developing and improving policies of
this State concerning programs or services for persons with disabilities,
including, without limitation, policies concerning the manner in which
complaints relating to services provided pursuant to specific programs should
be addressed; and

(2) Making recommendations concerning new
policies or services that may benefit persons with disabilities.

(c) Serve as a liaison between state governmental
agencies that provide services or programs to persons with disabilities to
facilitate communication and the coordination of information and any other
matters relating to services or programs for persons with disabilities.

(d) Serve as a liaison between local governmental
agencies in this State that provide services or programs to persons with
disabilities to facilitate communication and the coordination of information
and any other matters relating to services or programs for persons with
disabilities. To inform local governmental agencies in this State of services
and programs of other local governmental agencies in this State for persons
with disabilities pursuant to this subsection, the Division shall:

(1) Provide technical assistance to local
governmental agencies, including, without limitation, assistance in
establishing an electronic network that connects the Division to each of the
local governmental agencies that provides services or programs to persons with
disabilities;

(2) Work with counties and other local
governmental entities in this State that do not provide services or programs to
persons with disabilities to establish such services or programs; and

(3) Assist local governmental agencies in this
State to locate sources of funding from the Federal Government and other
private and public sources to establish or enhance services or programs for
persons with disabilities.

(e) Administer the following programs in this
State that provide services for persons with disabilities:

(1) The program established pursuant to
NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with
physical disabilities;

(3) The program established pursuant to
NRS 427A.797 to provide devices for telecommunication to persons who are deaf
and persons with impaired speech or hearing;

(4) Any state program for independent
living established pursuant to 29 U.S.C. §§ 796 et seq., with the
Rehabilitation Division of the Department of Employment, Training and
Rehabilitation acting as the designated state unit, as that term is defined in
34 C.F.R. § 364.4; and

(5) Any state program established pursuant
to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

(f) Provide information to persons with
disabilities on matters relating to the availability of housing for persons
with disabilities and identify sources of funding for new housing opportunities
for persons with disabilities.

(g) Before establishing policies or making
decisions that will affect the lives of persons with disabilities, consult with
persons with disabilities and members of the public in this State through the
use of surveys, focus groups, hearings or councils of persons with disabilities
to receive:

(1) Meaningful input from persons with
disabilities regarding the extent to which such persons are receiving services,
including, without limitation, services described in their individual service
plans, and their satisfaction with those services; and

(2) Public input regarding the
development, implementation and review of any programs or services for persons
with disabilities.

(h) Publish and make available to governmental
entities and the general public a biennial report which:

(1) Provides a strategy for the expanding
or restructuring of services in the community for persons with disabilities
that is consistent with the need for such expansion or restructuring;

(2) Reports the progress of the Division
in carrying out the strategic planning goals for persons with disabilities
identified pursuant to chapter 541, Statutes of Nevada 2001;

(3) Documents significant problems
affecting persons with disabilities when accessing public services, if the
Division is aware of any such problems;

(4) Provides a summary and analysis of the
status of the practice of interpreting and the practice of realtime captioning,
including, without limitation, the number of persons engaged in the practice of
interpreting in an educational setting in each professional classification
established pursuant to NRS 656A.100 and the number of persons engaged in the
practice of realtime captioning in an educational setting; and

(5) Recommends strategies and, if
determined necessary by the Division, legislation for improving the ability of
the State to provide services to persons with disabilities and advocate for the
rights of persons with disabilities.

3. The Division shall confer with the
Department as the sole state agency in the State responsible for administering
the provisions of this chapter[.] and chapter 435 of NRS.

4. The Division shall administer the
provisions of [chapter]chapters 435 and 656A of NRS.

5. The Division may contract with any
appropriate public or private agency, organization or institution, in order to
carry out the provisions of this chapter[.] and chapter 435 of NRS.

Sec. 9.7. NRS
427A.070 is hereby amended to read as follows:

427A.070 1. The Administrator
shall:

(a) Subject to the approval of the Director,
adopt rules and regulations:

(1) Necessary to carry out the purposes of
this chapter[;]and chapter 435 of NRS; and

(2) Establishing a program to subsidize
the transportation by taxicab of elderly persons and persons with permanent
disabilities from money received pursuant to subsection 5 of NRS 706.8825;

(b) Establish appropriate administrative units
within the Division;

(c) Appoint such personnel and prescribe their
duties as the Administrator deems necessary for the proper and efficient
performance of the functions of the Division;

(d) Prepare and submit to the Governor, through
the Director before September 1 of each even-numbered year for the biennium
ending June 30 of such year, reports of activities and expenditures and
estimates of sums required to carry out the purposes of this chapter[;] and chapter 435 of NRS;

(e) Make certification for disbursement of funds
available for carrying out the purposes of this chapter[;]and chapter 435 of NRS; and

(f) Take such other action as may be necessary or
appropriate for cooperation with public and private agencies and otherwise to
carry out the purposes of this chapter[.] and chapter 435 of NRS.

2. The Administrator may delegate to any
officer or employee of the Division such of the powers and duties of the
Administrator as the Administrator finds necessary to carry out the purposes of
this chapter[.] and chapter 435 of NRS.

Sec. 9.8. NRS
427A.872 is hereby amended to read as follows:

427A.872 1. The Division, in
cooperation and guidance with the Department of Education, representatives of
the school districts in this State and the Nevada Autism Task Force created by
section 40 of chapter 348, Statutes of Nevada 2007, or its successor
organization, shall prescribe by regulation a statewide standard for measuring
outcomes and assessing and evaluating persons with autism spectrum disorders
through the age of 21 years who receive services through the State or a local
government or an agency thereof. The regulations must designate a protocol
based upon accepted best practices guidelines which includes at least one
standardized assessment instrument that requires direct observation by the
professional conducting the assessment for determining whether a person is a
person with autism spectrum disorder, which must be used by personnel employed
by the State or a local government or an agency thereof who provide
assessments, interventions and diagnoses of persons with autism spectrum
disorders through the age of 21 years and by the persons with whom the State or
a local government or an agency thereof contracts to provide assessments,
interventions and diagnoses of persons with autism spectrum disorders through
the age of 21 years. The protocol must require that the direct observation
conducted by a professional pursuant to this subsection include, without
limitation, an evaluation to measure behaviors of the person which are
consistent with autism spectrum disorder, cognitive functioning, language
functioning and adaptive functioning.

2. The protocol designated pursuant to
subsection 1 must be used upon intake of a person suspected of having autism
spectrum disorder or at any later time if a person is suspected of having
autism spectrum disorder after intake. The results of an assessment must be
provided to the parent or legal guardian of the person, if applicable.

3. The Division shall prescribe the form
and content of reports relating to persons with autism spectrum disorders
through the age of 21 years that must be reported to the Division pursuant to
NRS 388.483[,
442.760] and 615.205. Except as otherwise provided in NRS
388.483, the Division shall ensure that the information is reported in a manner
which:

(a) Allows the Division to document the services
provided to and monitor the progress of each person with autism spectrum
disorder through the age of 21 years who receives services from the State or an
agency thereof; and

(b) Ensures that information reported for each
person who receives services which identifies the person is kept confidential,
consistent with the Family Educational Rights and Privacy Act of 1974, 20
U.S.C. § 1232g, and any other applicable state and federal privacy laws.

4. The Division shall prepare annually a
summary of the reports submitted pursuant to NRS 388.483[, 442.760]
and 615.205 and make the summary publicly available. The Division shall ensure
that information contained in the summary does not identify a person who
received services.

432A.0273 [Health] Division means
the [Health] Division of Public and Behavioral Health of the
Department.

Sec. 10.3. NRS
432B.6078 is hereby amended to read as follows:

432B.6078 1. Not later than 5
days after a child who is in the custody of an agency which provides child
welfare services has been admitted to a facility pursuant to NRS 432B.6076, the
agency which provides child welfare services shall inform the child of his or
her legal rights and the provisions of NRS 432B.607 to 432B.6085, inclusive,
433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters
433A and 433B of NRS and sections
57.4 to 58.67, inclusive, of this act, and, if the child or the
childs attorney desires, assist the child in requesting the court to authorize
a second examination by an evaluation team that includes a physician,
psychiatrist or licensed psychologist who are not employed by, connected to or
otherwise affiliated with the facility other than a physician, psychiatrist or
licensed psychologist who performed an original examination which authorized
the court to order the admission of the child to the facility. A second
examination must be conducted not later than 5 business days after the court
authorizes the examination.

2. If the court authorizes a second
examination of the child, the examination must:

(a) Include, without limitation, an evaluation concerning
whether the child should remain in the facility and a recommendation concerning
the appropriate placement of the child which must be provided to the facility;
and

(b) Be paid for by the governmental entity that
is responsible for the agency which provides child welfare services, if such
payment is not otherwise provided by the State Plan for Medicaid.

Sec. 10.6. NRS
432B.6082 is hereby amended to read as follows:

432B.6082 In addition to the personal
rights set forth in NRS 432B.607 to 432B.6085, inclusive, 433.456 to 433.543,
inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of
NRS, and sections 57.4 to 58.67,
inclusive, of this act, a child who is in the custody of an
agency which provides child welfare services and who is admitted to a facility
has the following personal rights, a list of which must be prominently posted
in all facilities providing evaluation, treatment or training services to such
children and must be otherwise brought to the attention of the child by such
additional means as prescribed by regulation:

1. To receive an education as required by
law; and

2. To receive an allowance from the agency
which provides child welfare services in an amount equivalent to any allowance
required to be provided to children who reside in foster homes.

Sec. 10.9. NRS
432B.6085 is hereby amended to read as follows:

432B.6085 1. Nothing in this
chapter purports to deprive any person of any legal rights without due process
of law.

2. Unless the context clearly indicates
otherwise, the provisions of NRS 432B.607 to 432B.6085, inclusive, 433.456 to
433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and
433B of NRS and sections 57.4 to
58.67, inclusive, of this act apply to all children who are in
the custody of an agency which provides child welfare services.

Sec. 11. Chapter
433 of NRS is hereby amended by adding thereto the provisions set forth as
sections 12 and 13 of this act.

Sec. 12. 1. The Administrator may delegate to any
officer, deputy or employee of the Division the exercise or discharge in the
name of the Administrator of any power, duty or function vested in or imposed
upon the Administrator.

2. The
official act of any such person acting in the name of the Administrator and by
his or her authority shall be deemed an official act of the Administrator.

Sec. 13. The medical director or other person in charge of any
division facility or any other facility or center established pursuant to this
chapter and chapters 433A, 433B and 436 of NRS:

1. Is
subject to the oversight of the Chief Medical Officer; and

2. Shall
report to the Chief Medical Officer any information concerning the facility or
center upon the request of the Chief Medical Officer.

Sec. 14. NRS
433.003 is hereby amended to read as follows:

433.003 The Legislature hereby declares
that it is the intent of this [title:] chapter and chapters 433A, 433B and 436 of NRS:

1. To eliminate the forfeiture of any
civil and legal rights of any person and the imposition of any legal disability
on any person, based on an allegation of mental illness ,[or mental retardationor a related condition,]
by any method other than a separate judicial proceeding resulting in a
determination of incompetency, wherein the civil and legal rights forfeited and
the legal disabilities imposed are specifically stated; and

2. To charge the Division of [Mental
and Developmental Services,]Public and Behavioral Health, and the Division
of Child and Family Services, of the Department with recognizing their duty to
act in the best interests of their respective consumers by placing them in the
least restrictive environment.

Sec. 15. NRS
433.005 is hereby amended to read as follows:

433.005 As used in this [title,]chapter andchapters 433A, 433B and 436 of NRS, unless
the context otherwise requires, or except as otherwise defined by specific
statute, the words and terms defined in NRS 433.014 to 433.227, inclusive, have
the meanings ascribed to them in those sections.

Sec. 16. NRS
433.014 is hereby amended to read as follows:

433.014 Administrative officer means a
person with overall executive and administrative responsibility for those state
or nonstate mental health [or mental retardation facilities]centers designated by the
Administrator.

3.] Division
facilities established after July 1, 1981, must be named by the Administrator,
subject to the approval of the Director of the Department.

Sec. 20.5. NRS
433.234 is hereby amended to read as follows:

433.234 The provisions of [chapters
433 to]this
chapter and chapters 433A, 433B and 436[, inclusive,]
of NRS pertaining to division facilities must be administered by the respective
administrative officers of the division facilities, subject to administrative
supervision by the Administrator.

Sec. 21. NRS
433.244 is hereby amended to read as follows:

433.244 1. The Administrator
must [have:

(a) Training and demonstrated administrative qualities
of leadership in any one of the professional fields of psychiatry, medicine,
psychology, social work,educationor
administration; and

(b) Administrative
training or experience in programs relating to mental health, including care,
treatment or training, or any combination thereof, of persons with mental
illnessor
mental retardationand persons with
related conditions.]be
selected on the basis of his or her education, training, experience, leadership
qualities, demonstrated abilities and interest in the field of behavioral
health or public health.

2. The Administrator is in the
unclassified service of the State.

Sec. 21.5. NRS
433.264 is hereby amended to read as follows:

433.264 1. Physicians shall
be employed within the various division facilities as are necessary for the
operation of the facilities. They shall hold degrees of doctor of medicine or doctor of osteopathic medicine from
accredited medical schools and they shall be licensed to practice medicine or osteopathic medicine in
Nevada as provided by law.

2. Except as otherwise provided by law,
their only compensation shall be annual salaries, fixed in accordance with the
pay plan adopted pursuant to the provisions of NRS 284.175.

3. The physicians shall perform such
duties pertaining to the care and treatment of consumers as may be required.

Sec. 21.7. NRS
433.279 is hereby amended to read as follows:

433.279 1. The Division shall
carry out a vocational and educational program for the certification of mental [health-mental
retardation]health
technicians, including forensic technicians:

(a) Employed by the Division, or other employees
of the Division who perform similar duties, but are classified differently.

(b) Employed by the Division of Child and Family
Services of the Department.

Κ The program
must be carried out in cooperation with the Nevada System of Higher Education.

2. A mental [health-mental retardation]health technician is
responsible to the director of the service in which his or her duties are
performed. The director of a service may be a licensed physician, dentist,
podiatric physician, psychiatrist, psychologist,
rehabilitation therapist, social worker, registered nurse or other
professionally qualified person.

psychiatrist, psychologist, rehabilitation therapist, social
worker, registered nurse or other professionally qualified person. This section
does not authorize a mental [health-mental retardation]health technician to
perform duties which require the specialized knowledge and skill of a
professionally qualified person.

3. The Division shall adopt regulations to
carry out the provisions of this section.

4. As used in this section, mental [health-mental
retardation]health
technician means an employee of the Division of [Mental
Health and Developmental Services]Public and Behavioral Services or the Division
of Child and Family Services who, for compensation or personal profit, carries
out procedures and techniques which involve cause and effect and which are used
in the care, treatment and rehabilitation of persons with mental illness [or
mental retardation,]and persons who are emotionally disturbed ,[and persons with related
conditions,] and who has direct responsibility for:

(a) Administering or carrying out specific
therapeutic procedures, techniques or treatments, excluding medical
interventions, to enable consumers to make optimal use of their therapeutic
regime, their social and personal resources, and their residential care; or

(b) The application of interpersonal and
technical skills in the observation and recognition of symptoms and reactions
of consumers, for the accurate recording of such symptoms and reactions, and
for carrying out treatments authorized by members of the interdisciplinary team
that determines the treatment of the consumers.

Sec. 22. NRS
433.314 is hereby amended to read as follows:

433.314 The Commission shall:

1. Establish policies to ensure adequate
development and administration of services for persons with mental illness, [mental retardation]persons with intellectual disabilities
and persons with related conditions, persons with substance use disorders or
persons with co-occurring
disorders ,[and
persons with related conditions,] including services to
prevent mental illness, [mental retardation] intellectual disabilities and related
conditions, substance use disorders and co-occurring disorders [and
related conditions,] and services provided without
admission to a facility or institution;

2. Set policies for the care and treatment
of persons with mental illness, [mental retardation]persons with intellectual disabilities
and persons with related conditions, persons with substance use disorders or
persons with co-occurring
disorders [and persons with related conditions]
provided by all state agencies;

3. Review the programs and finances of the
Division; and

4. Report at the beginning of each year to
the Governor and at the beginning of each odd-numbered year to the Legislature
on the quality of the care and treatment provided for persons with mental
illness, [mental retardation]persons with intellectual disabilities
and persons with related conditions, persons with substance use disorders or
persons with co-occurring
disorders [and persons with related conditions] in
this State and on any progress made toward improving the quality of that care
and treatment.

3. [Investigate]Review findings of investigations
of complaints about the care of any person in a public facility
for the treatment of persons with mental illness, [mental retardation]persons with intellectual disabilities and persons with
related conditions, persons with substance use disorders or persons with co-occurring
disorders . [and
persons with related conditions.]

4. Accept, as authorized by the
Legislature, gifts and grants of money and property.

5. Take appropriate steps to increase the
availability of and to enhance the quality of the care and treatment of persons
with mental illness, [mental retardation]persons with intellectual disabilities
and persons with related conditions, persons with substance use disorders or
persons with co-occurring
disorders [and persons with related conditions]
provided through [state agencies,]private nonprofit organizations, governmental entities, hospitals
and clinics.

6. Promote programs for the treatment of
persons with mental illness, [mental retardation]persons with intellectual disabilities
and persons with related conditions, persons with substance use disorders or
co-occurring disorders [and persons with related conditions] and
participate in and promote the development of facilities for training persons
to provide services for persons with mental illness, [mental retardation]persons with intellectual disabilities and persons with
related conditions, persons with substance use disorders or persons with co-occurring
disorders . [and
persons with related conditions.]

7. Create a plan to coordinate the
services for the treatment of persons with mental illness, [mental retardation]persons with intellectual disabilities and persons with
related conditions, persons with substance use disorders or persons with co-occurring
disorders [and persons with related conditions]
provided in this State and to provide continuity in the care and treatment
provided.

8. Establish and maintain an appropriate
program which provides information to the general public concerning mental
illness, [mental retardation]intellectual disabilities and related
conditions, substance use disorders and co-occurring disorders [and
related conditions] and consider ways to involve the
general public in the decisions concerning the policy on mental illness, [mental retardation]intellectual disabilities and related
conditions, substance use disorders and co-occurring disorders . [and related conditions.]

9. Compile statistics on mental illness
and study the cause, pathology and prevention of that illness.

10. Establish programs to prevent or
postpone the commitment of residents of this State to facilities for the
treatment of persons with mental illness, [mental retardation]persons with intellectual disabilities and persons with related conditions, persons with substance use
disorders or persons with co-occurring disorders .

and persons with
related conditions, persons with substance use disorders or persons with co-occurring
disorders .[and
persons with related conditions.]

11. Evaluate the future needs of this
State concerning the treatment of mental illness, [mental retardation]intellectual disabilities and related conditions, substance
use disorders and co-occurring disorders [and related conditions]
and develop ways to improve the treatment already provided.

12. Take any other action necessary to
promote mental health in this State.

Sec. 24. NRS
433.318 is hereby amended to read as follows:

433.318 1. The Commission may
appoint a subcommittee or an advisory committee composed of members who have experience
and knowledge of matters relating to persons with mental illness, [mental retardation]persons with intellectual disabilities
and persons with related conditions, persons with substance use disorders or
persons with co-occurring
disorders [and related conditions] and who, to the
extent practicable, represent the ethnic and geographic diversity of this
State.

2. A subcommittee or advisory committee
appointed pursuant to this section shall consider specific issues and advise
the Commission on matters related to the duties of the Commission.

3. The members of a subcommittee or
advisory committee appointed pursuant to this section serve at the pleasure of
the Commission. The members serve without compensation, except that each member
is entitled, while engaged in the business of the subcommittee or advisory
committee, to the per diem allowance and travel expenses provided for state
officers and employees generally if funding is available for this purpose.

(a) For the care and treatment of persons with
mental illness, [mental retardation]persons with substance use disorders or
persons with co-occurring
disorders [and persons with related conditions] by
all state agencies and facilities, and their referral to private facilities;

(b) To ensure continuity in the care and
treatment provided to persons with mental illness, [mental retardation]persons with substance use disorders or persons with co-occurring
disorders [and persons with related conditions] in
this State; and

(c) Necessary for the proper and efficient
operation of the facilities of the Division.

433.325 The Commission or its designated
agent may inspect any state facility providing services for persons with mental
illness, [mental retardation]persons with intellectual disabilities
and persons with related conditions, persons with substance use disorders or
persons with co-occurring
disorders [and persons with related conditions] to
determine if the facility is in compliance with the provisions of this title
and any regulations adopted pursuant [to those provisions.] thereto.

1. To define the term consumer for the
purposes of this [title.]chapter
and chapters 433A, 433B and 436 of NRS.

2. To specify the circumstances under
which a consumer is eligible to receive services from the Division pursuant to
this [title,]chapter and chapters 433A, 433B and 436 of NRS, including,
but not limited to, care, treatment, treatment to competency and training.
Regulations adopted pursuant to this subsection must specify that a consumer is
eligible to receive services only if the consumer:

(a) Has a documented diagnosis of a mental
disorder based on the most recent edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association;
and

(b) Except as otherwise provided in the
regulations adopted pursuant to subsection 3, is not eligible to receive services
through another public or private entity.

3. To specify the circumstances under
which the provisions of paragraph (b) of subsection 2 do not apply, including,
without limitation, when the copay or other payment required to obtain services
through another public or private entity is prohibitively high.

4. To establish policies and procedures
for the referral of each consumer who needs services that the Division is
unable to provide to the most appropriate organization or resource who is able
to provide the needed services to that consumer.

Sec. 28. NRS
433.334 is hereby amended to read as follows:

433.334 The Division may, by contract with
general hospitals or other institutions having adequate facilities in the State
of Nevada, provide for inpatient care of consumers with mental illness . [or mental retardationand
consumers with related conditions.]

Sec. 29. NRS
433.354 is hereby amended to read as follows:

433.354 For the purposes of thischapter and chapters [433 to 436, inclusive,]433A, 433B and 436 of
NRS, the Department through the Division may cooperate, financially or
otherwise, and execute contracts or agreements with the Federal Government, any
federal department or agency, any other state department or agency, a county, a
city, a public district or any political subdivision of this state, a public or
private corporation, an individual or a group of individuals. Such contracts or
agreements may include provisions whereby the Division will render services,
the payment for which will be reimbursed directly to the Divisions budget.
Cooperation pursuant to this section does not of itself relieve any person,
department, agency or political subdivision of any responsibility or liability
existing under any provision of law.

Sec. 30. NRS
433.364 is hereby amended to read as follows:

433.364 Nothing in this [title]chapter and chapters 433A, 433B
and 436 of NRS precludes the involuntary court-ordered admission
of a person with mental illness to a private institution where such admission
is authorized by law.

Sec. 30.5. NRS
433.384 is hereby amended to read as follows:

433.384 Money to carry out the provisions
of [chapters 433 to]this chapter and chapters 433A, 433B and 436[, inclusive,]
of NRS must be provided by legislative appropriation from the State General
Fund, and paid out on claims as other claims against the State are paid. All
claims relating to a division facility individually must
be approved by the administrative officer of such facility before they are
paid.

relating to a division facility individually must be approved
by the administrative officer of such facility before they are paid.

Sec. 31. NRS
433.394 is hereby amended to read as follows:

433.394 For the purposes of this [title,]chapter and chapters 433A, 433B
and 436 of NRS, the Department may accept:

1. Moneys appropriated and made available
by any act of the Congress of the United States;

2. Moneys and contributions made available
by a county, a city, a public district or any political subdivision of this
state; and

3. Moneys and contributions made available
by a public or private corporation, a private foundation, an individual or a
group of individuals.

Sec. 32. NRS
433.395 is hereby amended to read as follows:

433.395 1. Upon approval of
the Director of the Department, the Administrator may accept:

(a) Donations of money and gifts of real or
personal property; and

(b) Grants of money from the Federal Government,

Κ for use in
public or private programs that provide services to persons in this State with
mental illness .[or
mental retardationand persons with related conditions.]

2. The Administrator shall disburse any
donations, gifts and grants received pursuant to this section to programs that
provide services to persons with mental illness [or mental retardationand persons with related conditions]
in a manner that supports the plan to coordinate services created by the
Commission pursuant to subsection 7 of NRS 433.316. In the absence of a plan to
coordinate services, the Administrator shall make disbursements to programs
that will maximize the benefit provided to persons with mental illness [or
mental retardationand persons with related conditions] in
consideration of the nature and value of the donation, gift or grant.

3. Within limits of legislative
appropriations or other available money, the Administrator may enter into a
contract for services related to the evaluation and recommendation of
recipients for the disbursements required by this section.

Sec. 33. NRS
433.404 is hereby amended to read as follows:

433.404 1. The Division shall
establish a fee schedule for services rendered through any program supported by
the State pursuant to the provisions of this chapter and chapters [433 to 436, inclusive,]433A, 433B and 436 of
NRS. The schedule must be submitted to the Commission and the Director of the
Department for joint approval before enforcement. The fees collected by
facilities operated by the Division pursuant to this schedule must be deposited
in the State Treasury to the credit of the State General Fund, except as
otherwise provided in NRS 433.354 for fees collected pursuant to contract or
agreement .[and
in NRS 435.120 for fees collected for services to consumers with mental
retardation and related conditions.]

2. For a facility providing services for
the treatment of persons with mental illness ,[or mental retardationand persons with related conditions,]
the fee established must approximate the cost of providing the service, but if
a consumer is unable to pay in full the fee established pursuant to this
section, the Division may collect any amount the consumer is able to pay.

Sec. 34. NRS
433.424 is hereby amended to read as follows:

433.424 A mental health [and
mental retardation] center revolving account up to the
amount of $5,000 is hereby created for each division mental health [and
mental retardation] center, and may be used for the payment of mental health [or mental retardation] center bills
requiring immediate payment and for no other purposes.

payment of mental health [or mental retardation]
center bills requiring immediate payment and for no other purposes. The
respective administrative officers shall deposit the money for the respective
revolving accounts in one or more banks or credit unions of reputable standing.
Payments made from each account must be promptly reimbursed from appropriated
money of the respective mental health [or mental retardation]
centers on claims as other claims against the State are paid.

Sec. 35. NRS
433.434 is hereby amended to read as follows:

433.434 For purposes of this [title,]chapter and chapters 433A, 433B
and 436 of NRS, the residence of a person is:

1. The domicile of such person;

2. If the domicile of the person cannot be
ascertained, the place where the person was last employed; or

3. If the domicile of the person cannot be
ascertained and he or she is not or was not employed, the place where the
person made his or her home or headquarters.

Sec. 36. NRS
433.444 is hereby amended to read as follows:

433.444 1. For the purpose of
facilitating the return of nonresident consumers to the state in which they
have legal residence, the Administrator may enter into reciprocal agreements,
consistent with the provisions of this [title,]chapter and chapters 433A, 433B
and 436 of NRS, with the proper boards, commissioners or officers
of other states for the mutual exchange of consumers confined in, admitted or
committed to a mental health [or mental retardation] facility in one
state whose legal residence is in the other, and may give written permission
for the return and admission to a division facility of any resident of this
state when such permission is conformable to the provisions of this [title]chapter and chapters 433A, 433B
and 436 of NRS governing admissions to a division facility.

2. The county clerk and board of county
commissioners of each county, upon receiving notice from the Administrator that
an application for the return of an alleged resident of this state has been
received, shall promptly investigate and report to the Administrator their
findings as to the legal residence of the consumer.

Sec. 37. NRS
433.458 is hereby amended to read as follows:

433.458 Administrative officer means a
person with overall executive and administrative responsibility for a facility
that provides services relating to mental health [or mental retardationand related conditions]
and that is operated by any public or private entity.

Sec. 38. NRS
433.464 is hereby amended to read as follows:

433.464 [This title does]The provisions of this chapter and chapters 433A, 433B and
436 of NRS do not limit the right of any person detained
hereunder to a writ of habeas corpus upon a proper application made at any time
by such person or any other person on his or her behalf.

Sec. 39. NRS
433.494 is hereby amended to read as follows:

433.494 1. An individualized
written plan of mental health [or mental retardation] services [or
plan of services for a related condition] must be
developed for each consumer of each facility. The plan must:

(a) Provide for the least restrictive treatment
procedure that may reasonably be expected to benefit the consumer; and

(b) Be developed with the input and participation
of:

(1) The consumer, to the extent that he or
she is able to provide input and participate; and

(2) To the extent that the consumer is
unable to provide input and participate, the parent or guardian of the consumer
if the consumer is under 18 years of age and is not legally emancipated, or the
legal guardian of a consumer who has been adjudicated mentally incompetent.

2. The plan must be kept current and must
be modified, with the input and participation of the consumer, the parent or
guardian of the consumer or the legal guardian of the consumer, as appropriate,
when indicated. The plan must be thoroughly reviewed at least once every 3
months.

3. The person in charge of implementing
the plan of services must be designated in the plan.

Sec. 39.2. NRS
433.5493 is hereby amended to read as follows:

433.5493 1. Except as
otherwise provided in subsection 2, physical restraint may be used on a person
with a disability who is a consumer only if:

(a) An emergency exists that necessitates the use
of physical restraint;

(b) The physical restraint is used only for the
period that is necessary to contain the behavior of the consumer so that the
consumer is no longer an immediate threat of causing physical injury to himself
or herself or others or causing severe property damage; and

(c) The use of force in the application of
physical restraint does not exceed the force that is reasonable and necessary
under the circumstances precipitating the use of physical restraint.

2. Physical restraint may be used on a
person with a disability who is a consumer and the provisions of subsection 1
do not apply if the physical restraint is used to:

(a) Assist the consumer in completing a task or
response if the consumer does not resist the application of physical restraint
or if the consumers resistance is minimal in intensity and duration;

(b) Escort or carry a consumer to safety if the
consumer is in danger in his or her present location; or

(c) Conduct medical examinations or treatments on
the consumer that are necessary.

3. If physical restraint is used on a
person with a disability who is a consumer in an emergency, the use of the
procedure must be reported as a denial of rights pursuant to NRS 433.534[,]or section 58.47 of this act, as
applicable, regardless of whether the use of the procedure is
authorized by statute. The report must be made not later than 1 working day
after the procedure is used.

Sec. 39.4. NRS
433.5496 is hereby amended to read as follows:

433.5496 1. Except as
otherwise provided in subsections 2 and 4, mechanical restraint may be used on
a person with a disability who is a consumer only if:

(a) An emergency exists that necessitates the use
of mechanical restraint;

(b) A medical order authorizing the use of
mechanical restraint is obtained from the consumers treating physician before
the application of the mechanical restraint or not later than 15 minutes after
the application of the mechanical restraint;

(c) The physician who signed the order required
pursuant to paragraph (b) or the attending physician examines the consumer not
later than 1 working day immediately after the application of the mechanical
restraint;

(d) The mechanical restraint is applied by a
member of the staff of the facility who is trained and qualified to apply
mechanical restraint;

(e) The consumer is given the opportunity to move
and exercise the parts of his or her body that are restrained at least 10
minutes per every 60 minutes of restraint;

(f) A member of the staff of the facility lessens
or discontinues the restraint every 15 minutes to determine whether the
consumer will stop or control his or her inappropriate behavior without the use
of the restraint;

(g) The record of the consumer contains a
notation that includes the time of day that the restraint was lessened or
discontinued pursuant to paragraph (f), the response of the consumer and the
response of the member of the staff of the facility who applied the mechanical
restraint;

(h) A member of the staff of the facility
continuously monitors the consumer during the time that mechanical restraint is
used on the consumer; and

(i) The mechanical restraint is used only for the
period that is necessary to contain the behavior of the consumer so that the
consumer is no longer an immediate threat of causing physical injury to himself
or herself or others or causing severe property damage.

2. Mechanical restraint may be used on a
person with a disability who is a consumer and the provisions of subsection 1
do not apply if the mechanical restraint is used to:

(a) Treat the medical needs of a consumer;

(b) Protect a consumer who is known to be at risk
of injury to himself or herself because the consumer lacks coordination or
suffers from frequent loss of consciousness;

(c) Provide proper body alignment to a consumer;
or

(d) Position a consumer who has physical
disabilities in a manner prescribed in the consumers plan of services.

3. If mechanical restraint is used on a
person with a disability who is a consumer in an emergency, the use of the
procedure must be reported as a denial of rights pursuant to NRS 433.534[,]or section 58.47 of this act, as
applicable, regardless of whether the use of the procedure is
authorized by statute. The report must be made not later than 1 working day
after the procedure is used.

4. The provisions of this section do not
apply to a forensic facility, as that term is defined in subsection 5 of NRS
433.5499.

Sec. 39.6. NRS
433.5499 is hereby amended to read as follows:

433.5499 1. Except as
otherwise provided in subsection 3, mechanical restraint may be used on a
person with a disability who is a consumer of a forensic facility only if:

(a) An emergency exists that necessitates the use
of the mechanical restraint;

(b) The consumers behavior presents an imminent
threat of causing physical injury to himself or herself or to others or causing
severe property damage and less restrictive measures have failed to modify the
consumers behavior;

(c) The consumer is in the care of the facility
but not on the premises of the facility and mechanical restraint is necessary
to ensure security; or

(d) The consumer is in the process of being
transported to another location and mechanical restraint is necessary to ensure
security.

2. If mechanical restraint is used
pursuant to subsection 1, the forensic facility shall ensure that:

(a) The mechanical restraint is applied by a
member of the staff of the facility who is trained and qualified to apply
mechanical restraint;

(b) A member of the staff of the facility
continuously monitors the consumer during the time that mechanical restraint is
used on the consumer;

(c) The record of the consumer contains a notation
that indicates the time period during which the restraint was used and the
circumstances warranting the restraint; and

(d) The mechanical restraint is used only for the
period that is necessary.

3. Mechanical restraint may be used on a
person with a disability who is a consumer of a forensic facility, and the
provisions of subsections 1 and 2 do not apply if the mechanical restraint is
used to:

(a) Treat the medical needs of a consumer;

(b) Protect a consumer who is known to be at risk
of injury to himself or herself because the consumer lacks coordination or
suffers from frequent loss of consciousness;

(c) Provide proper body alignment to a consumer;
or

(d) Position a consumer who has physical
disabilities in a manner prescribed in the consumers plan of services.

4. If mechanical restraint is used in an
emergency on a person with a disability who is a consumer of a forensic
facility, the use of the procedure must be reported as a denial of rights
pursuant to NRS 433.534[,]or section 58.47 of this act, as
applicable, regardless of whether the use of the procedure is
authorized by statute. The report must be made not later than 1 working day
after the procedure is used.

5. As used in this section, forensic
facility means a secure facility of the Division for offenders and defendants
with a mental disorder who are ordered to the facility pursuant to chapter 178
of NRS.

Sec. 39.8. NRS
433.5503 is hereby amended to read as follows:

433.5503 1. Chemical
restraint may only be used on a person with a disability who is a consumer if:

(a) The consumer has been diagnosed as mentally
ill, as defined in NRS 433A.115, and is receiving mental health services from a
facility;

(b) The chemical restraint is administered to the
consumer while he or she is under the care of the facility;

(c) An emergency exists that necessitates the use
of chemical restraint;

(d) A medical order authorizing the use of
chemical restraint is obtained from the consumers attending physician or
psychiatrist;

(e) The physician or psychiatrist who signed the
order required pursuant to paragraph (d) examines the consumer not later than 1
working day immediately after the administration of the chemical restraint; and

(f) The chemical restraint is administered by a
person licensed to administer medication.

2. If chemical restraint is used on a
person with a disability who is a consumer, the use of the procedure must be
reported as a denial of rights pursuant to NRS 433.534[,]or section 58.47 of this act, as
applicable, regardless of whether the use of the procedure is
authorized by statute. The report must be made not later than 1 working day
after the procedure is used.

Sec. 40. NRS
433A.010 is hereby amended to read as follows:

433A.010 The provisions of this chapter
apply to all mental health centers of the Division of [Mental Health and
Developmental Services]Public and Behavioral Health of the Department
and of the Division of Child and Family Services of the
Department.

Child and Family Services of the Department. Such provisions
apply to private institutions and facilities offering mental health services
only when specified in the context.

Sec. 41. NRS
433A.012 is hereby amended to read as follows:

433A.012 Administrative officer means a
person with overall executive and administrative responsibility for those state
or nonstate facilities for mental health [or mental retardation]
designated by the Administrator.

Sec. 42. NRS
433A.015 is hereby amended to read as follows:

433A.015 Division means:

1. Except as otherwise provided in
subsection 2, the Division of [Mental Health and Developmental Services]Public and Behavioral Health of
the Department.

2. Regarding the provision of services for
the mental health of children pursuant to chapter 433B of NRS, the Division of
Child and Family Services of the Department.

Sec. 43. NRS
433A.017 is hereby amended to read as follows:

433A.017 Medical director means the [chief]
medical officer in charge of
any program of the Division of [Mental Health and Developmental Services]Public and Behavioral Health of
the Department.

Sec. 44. NRS
433A.020 is hereby amended to read as follows:

433A.020 The administrative officer of a
facility of the Division must:

1. Be selected on the basis of training
and demonstrated administrative qualities of leadership in any one of the
fields of psychiatry, medicine, psychology, social work, [education]public health or
administration.

2. Be appointed on the basis of merit as
measured by administrative training or experience in programs relating to
mental health, including care and treatment of persons with mental illness . [or mental retardationand
persons with related conditions.

3. Have
additional qualifications which are in accordance with criteria prescribed by
the Division of Human Resource Management of the Department of Administration.]

Sec. 45. NRS
433A.030 is hereby amended to read as follows:

433A.030 The administrative officers have
the following powers and duties, subject to the administrative supervision of
the Administrator:

1. To exercise general supervision of and
establish regulations for the government of the facilities designated by the
Administrator;

2. To be responsible for and supervise the
fiscal affairs and responsibilities of the facilities designated by the
Administrator;

3. To appoint such medical, technical,
clerical and operational staff as the execution of his or her duties, the care
and treatment of consumers and the maintenance and operation of the facilities
designated by the Administrator may require;

4. To make reports to the Administrator,
and to supply the Administrator with material on which to base proposed
legislation;

5. To keep complete and accurate records
of all proceedings, record and file all bonds and contracts, and assume
responsibility for the custody and preservation of all papers and documents
pertaining to his or her office;

6. To inform the public in regard to the
activities and operation of the facilities;

7. To invoke any legal, equitable or
special procedures for the enforcement of his or her orders or the enforcement
of the provisions of this [title]chapter and chapters 433, 433B and 436 of NRS and
other statutes governing the facilities;

8. To submit an annual report to the
Administrator on the condition, operation, functioning and anticipated needs of
the facilities; and

9. To assume responsibility for the
nonmedical care and treatment of consumers if that responsibility has not been
delegated.

Sec. 46. NRS
433B.130 is hereby amended to read as follows:

433B.130 1. The Administrator
shall:

(a) Administer, in accordance with the policies
established by the Commission, the programs of the Division for the mental
health of children.

(b) Establish appropriate policies to ensure that
children in division facilities have timely access to clinically appropriate
psychotropic medication that are consistent with the provisions of NRS 432B.197
and NRS 432B.4681 to 432B.469, inclusive, and the policies adopted pursuant thereto.

2. The Administrator may:

(a) Appoint the administrative personnel
necessary to operate the programs of the Division for the mental health of
children.

(b) Delegate to the administrative officers the
power to appoint medical, technical, clerical and operational staff necessary
for the operation of any division facilities.

3. If the Administrator finds that it is
necessary or desirable that any employee reside at a facility operated by the
Division or receive meals at such a facility, perquisites granted or charges
for services rendered to that person are at the discretion of the Director of
the Department.

4. The Administrator may accept children
referred to the Division for treatment pursuant to the provisions of NRS
458.290 to 458.350, inclusive.

5. The Administrator may enter into
agreements with the Administrator of the Division of [Mental Health and
Developmental Services]Public and Behavioral Health of the Department
or with the Administrator of the
Aging and Disability Services Division of the Department for the
care and treatment of consumers of the Division of Child and Family Services at
any facility operated by the Division of [Mental Health and
Developmental Services.] Public and Behavioral Health or the Aging and Disability Services
Division, as applicable.

Sec. 46.5. NRS
433B.150 is hereby amended to read as follows:

433B.150 1. The Division
shall employ such physicians within the various division facilities as are
necessary for the operation of the facilities. The physicians must hold degrees
of doctor of medicine or doctor of
osteopathic medicine from accredited medical schools and be
licensed to practice medicine or
osteopathic medicine in Nevada.

2. Except as otherwise provided by law,
the only compensation allowed such a physician is an annual salary, fixed in
accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.

3. The physicians shall perform such
duties pertaining to the care and treatment of consumers as may be required.

Sec. 47. NRS
433B.190 is hereby amended to read as follows:

433B.190 1. The Division
shall adopt regulations to:

(a) Provide for a more detailed definition of
abuse of a consumer, consistent with the general definition given in NRS
433B.340;

(b) Provide for a more detailed definition of
neglect of a consumer, consistent with the general definition given in NRS
433B.340; and

(c) Establish policies and procedures for
reporting the abuse or neglect of a consumer.

2. The regulations adopted pursuant to
this section must, to the extent possible and appropriate, be consistent with
the regulations adopted by the Division of [Mental Health and
Developmental Services]Public and Behavioral Health of the Department
pursuant to NRS 433.331[.] and the Division of Aging and
Disability Services of the Department pursuant to section 54.2 of this act.

Sec. 48. Chapter
435 of NRS is hereby amended by adding thereto the provisions set forth as
sections 49 to 59.7, inclusive, of this act.

2. Division
facilities established after July 1, 1981, must be named by the Administrator,
subject to the approval of the Director of the Department.

Sec. 49.2. The provisions of this chapter pertaining to division
facilities must be administered by the respective administrative officers of
the division facilities, subject to administrative supervision by the
Administrator.

Sec. 49.4. Any person employed by the Division as a psychiatrist,
psychologist, marriage and family therapist, clinical professional counselor,
registered nurse or social worker must be licensed or certified by the
appropriate state licensing board for his or her respective profession.

Sec. 49.6. The Administrator shall not employ any psychiatrist,
psychologist, social worker or registered nurse who holds a masters degree in
the field of psychiatric nursing who is unable to demonstrate proficiency in
the oral and written expression of the English language.

Sec. 49.8. 1. The Division shall carry out a vocational
and educational program for the certification of intellectual disability
technicians, including forensic technicians employed by the Division, or other
employees of the Division who perform similar duties, but are classified
differently. The program must be carried out in cooperation with the Nevada
System of Higher Education.

2. An
intellectual disability technician is responsible to the director of the
service in which his or her duties are performed. The director of a service may
be a licensed physician, dentist, podiatric physician, psychiatrist,
psychologist, rehabilitation therapist, social worker, registered nurse or
other professionally qualified person. This section does not authorize an
intellectual disability technician to perform duties which require the
specialized knowledge and skill of a professionally qualified person.

3. The
Division shall adopt regulations to carry out the provisions of this section.

4. As
used in this section, intellectual disability technician means an employee of
the Division who, for compensation or personal profit, carries out procedures and techniques which involve cause and
effect and which are used in the care, treatment and rehabilitation of persons
with intellectual disabilities and persons with related conditions, and who has
direct responsibility for:

carries out
procedures and techniques which involve cause and effect and which are used in
the care, treatment and rehabilitation of persons with intellectual
disabilities and persons with related conditions, and who has direct
responsibility for:

(a) Administering
or carrying out specific therapeutic procedures, techniques or treatments,
excluding medical interventions, to enable consumers to make optimal use of
their therapeutic regime, their social and personal resources, and their
residential care; or

(b) The
application of interpersonal and technical skills in the observation and
recognition of symptoms and reactions of consumers, for the accurate recording
of such symptoms and reactions, and for carrying out treatments authorized by
members of the interdisciplinary team that determines the treatment of the
consumers.

Sec. 50. 1. The Division shall adopt regulations:

(a) For
the care and treatment of persons with intellectual disabilities and persons
with related conditions by all state agencies and facilities, and their
referral to private facilities;

(b) To
ensure continuity in the care and treatment provided to persons with
intellectual disabilities and persons with related conditions in this State;
and

(c) Necessary
for the proper and efficient operation of the facilities of the Division.

2. The
Division may adopt regulations to promote programs relating to intellectual
disabilities and related conditions.

Sec. 51. The Division or its designated agent may inspect any
division facility providing services for persons with intellectual disabilities
and persons with related conditions to determine if the facility is in
compliance with the provisions of this chapter and any regulations adopted
pursuant thereto.

Sec. 52. The Division may, by contract with general hospitals or
other institutions having adequate facilities in the State of Nevada, provide
for inpatient care of persons with intellectual disabilities and persons with
related conditions.

Sec. 53. The Division may contract with appropriate persons
professionally qualified in the field of psychiatric mental health to provide
inpatient and outpatient care for persons with intellectual disabilities and
persons with related conditions when it appears that they can be treated best in
that manner.

Sec. 54. The Division may adopt regulations:

1. To define the term consumer for the
purposes of this chapter.

2. To
specify the circumstances
under which a consumer is eligible to receive services from the Division
pursuant to this chapter, including, but not limited to, care, treatment and
training. Regulations adopted pursuant to this subsection must specify that a
consumer is eligible to receive services only if the consumer:

(a) Has a
documented diagnosis of a mental disorder based on the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders published by
the American Psychiatric Association; and

(b) Except
as otherwise provided in the regulations adopted pursuant to subsection 3, is
not eligible to receive services through another public or private entity.

3. To
specify the circumstances under which the provisions of paragraph (b) of
subsection 2 do not apply, including, without limitation, when the copay or
other payment required to obtain services through another public or private
entity is prohibitively high.

4. To
establish policies and procedures for the referral of each consumer who needs
services that the Division is unable to provide to the most appropriate
organization or resource who is able to provide the needed services to that
consumer.

Sec. 54.2. The Division shall adopt regulations to:

1. Provide
for a more detailed definition of abuse of a consumer of the Division,
consistent with the general definition given in section 58.75 of this act;

2. Provide
for a more detailed definition of neglect of a consumer of the Division,
consistent with the general definition given in section 58.75 of this act; and

3. Establish
policies and procedures for reporting the abuse or neglect of a consumer of the
Division.

Sec. 54.3. 1. If a patient in a division facility is
transferred to another division facility or to a medical facility, a facility
for the dependent or a physician licensed to practice medicine, the division
facility shall forward a copy of the medical records of the patient, on or
before the date the patient is transferred, to the facility or physician.
Except as otherwise required by 42 U.S.C. § 290dd, 290dd-1 or 290dd-2 or NRS
439.538 or 439.591, the division facility is not required to obtain the oral or
written consent of the patient to forward a copy of the medical records.

2. As
used in this section, medical records includes a medical history of the
patient, a summary of the current physical condition of the patient and a
discharge summary which contains the information necessary for the proper
treatment of the patient.

Sec. 54.4. For the purposes of this chapter, the Department through the
Division may cooperate, financially or otherwise, and execute contracts or
agreements with the Federal Government, any federal department or agency, any
other state department or agency, a county, a city, a public district or any
political subdivision of this state, a public or private corporation, an
individual or a group of individuals. Such contracts or agreements may include
provisions whereby the Division will render services, the payment for which
will be reimbursed directly to the Divisions budget. Cooperation pursuant to
this section does not of itself relieve any person, department, agency or
political subdivision of any responsibility or liability existing under any
provision of law.

Sec. 54.5. Nothing in this chapter precludes the involuntary
court-ordered admission of a person with an intellectual disability or person
with a related condition to a private institution where such admission is
authorized by law.

Sec. 54.6. The State is not responsible for payment of the costs of
care and treatment of persons admitted to a facility not operated by the
Division except where, before admission, the Administrator or the
Administrators designee authorizes the expenditure of state money for such purpose.

Sec. 54.7. Money to carry out the provisions of this chapter must be
provided by legislative appropriation from the State General Fund, and paid out
on claims as other claims against the State are paid. All claims relating to a division facility individually must be approved
by the administrative officer of such facility before they are paid.

relating to a division
facility individually must be approved by the administrative officer of such
facility before they are paid.

Sec. 55. For the purposes of this chapter, the Department may accept:

1. Money
appropriated and made available by any act of the Congress of the United
States;

2. Money
and contributions made available by a county, a city, a public district or any
political subdivision of this State; and

3. Money
and contributions made available by a public or private corporation, a private
foundation, an individual or a group of individuals.

Sec. 55.2. 1. Upon approval of the Director of the
Department, the Administrator may accept:

(a) Donations
of money and gifts of real or personal property; and

(b) Grants
of money from the Federal Government,

Κ for use in public or private
programs that provide services to persons in this State with intellectual
disabilities and persons with related conditions.

2. The
Administrator shall disburse any donations, gifts and grants received pursuant
to this section to programs that provide services to persons with intellectual
disabilities and persons with related conditions in a manner that supports the
plan to coordinate services created by the Commission on Behavioral Health
pursuant to subsection 7 of NRS 433.316. In the absence of a plan to coordinate
services, the Administrator shall make disbursements to programs that will
maximize the benefit provided to persons with intellectual disabilities and
persons with related conditions in consideration of the nature and value of the
donation, gift or grant.

3. Within
limits of legislative appropriations or other available money, the
Administrator may enter into a contract for services related to the evaluation
and recommendation of recipients for the disbursements required by this
section.

Sec. 55.4. 1. The Division shall establish a fee schedule
for services rendered through any program supported by the State pursuant to
the provisions of this chapter. The schedule must be submitted to the
Commission on Behavioral Health and the Director of the Department for joint
approval before enforcement. The fees collected by facilities operated by the
Division pursuant to this schedule must be deposited in the State Treasury to
the credit of the State General Fund, except as otherwise provided in section
54.4 of this act for fees collected pursuant to contract or agreement and in
NRS 435.120 for fees collected for services to consumers with intellectual
disabilities and related conditions.

2. For
a facility providing services for the treatment of persons with intellectual
disabilities and persons with related conditions, the fee established must
approximate the cost of providing the service, but if a consumer is unable to
pay in full the fee established pursuant to this section, the Division may
collect any amount the consumer is able to pay.

Sec. 55.6. 1. Physicians and other professional staff
employed within any division facility shall receive a reasonable fee for
evaluations, examinations or court testimony when directed by the court to
perform such services.

2. If
such evaluation or testimony is provided while the physician or other
professional person is acting as an employee of a division facility, the fee
shall be received by the division facility at which he or she is employed.

Sec. 55.8. An intellectual disability center revolving account up to
the amount of $5,000 is hereby created for each division intellectual
disability center, and may be used for the payment of intellectual disability
center bills requiring immediate payment and for no other purposes. The
respective administrative officers shall deposit the money for the respective
revolving accounts in one or more banks or credit unions of reputable standing.
Payments made from each account must be promptly reimbursed from appropriated
money of the respective intellectual disability centers on claims as other claims
against the State are paid.

Sec. 56. For the purposes of this chapter, the residence of a person
is:

1. The
domicile of such person;

2. If
the domicile of the person cannot be ascertained, the place where the person
was last employed; or

3. If
the domicile of the person cannot be ascertained and he or she is not or was
not employed, the place where the person made his or her home or headquarters.

Sec. 57. 1. For the purpose of facilitating the return
of nonresident consumers to the state in which they have legal residence, the
Administrator may enter into reciprocal agreements, consistent with the
provisions of this chapter, with the proper boards, commissioners or officers
of other states for the mutual exchange of consumers confined in, admitted or
committed to an intellectual disability facility in one state whose legal
residence is in the other, and may give written permission for the return and
admission to a division facility of any resident of this State when such
permission is conformable to the provisions of this chapter governing
admissions to a division facility.

2. The
county clerk and board of county commissioners of each county, upon receiving
notice from the Administrator that an application for the return of an alleged
resident of this State has been received, shall promptly investigate and report
to the Administrator their findings as to the legal residence of the consumer.

Sec. 57.1. 1. All expenses incurred for the purpose of
returning a consumer to the state in which the consumer has a legal residence
shall be paid from the moneys of the consumer or by the relatives or other
persons responsible for the consumers care and treatment under his or her
commitment or admission.

2. In
the case of indigent consumers whose relatives cannot pay the costs and
expenses of returning such consumers to the state in which they have residence,
the costs may be assumed by the State. These costs must be advanced from moneys
appropriated for the general support of the division facility wherein the
consumer was receiving care, treatment or training, if such consumer was
committed to a division facility at the time of the transfer, and must be paid
out on claims as other claims against the State are paid.

Sec. 57.2. The Administrator shall:

1. Comply
with any agreements made by the Administrator pursuant to section 57 of this
act; and

2. Accept
for admission to a division facility any resident child of this State for whom
written permission for return and admission to a division facility was given by
the Administrator pursuant to section 57 of this act.

Sec. 57.4. As used in sections 57.4 to 58.5, inclusive, of this act,
unless the context otherwise requires, the words and terms defined in sections
57.6, 57.7 and 57.8 of this act have the meanings ascribed to them in those
sections.

Sec. 57.6. Administrative officer means a person with overall executive
and administrative responsibility for a facility that provides services
relating to intellectual disabilities and related conditions and that is
operated by any public or private entity.

Sec. 57.7. Facility means any:

1. Unit
or subunit operated by the Division for the care, treatment and training of
consumers.

2. Hospital,
clinic or other institution operated by any public or private entity, for the
care, treatment and training of consumers.

Sec. 57.8. Rights includes, without limitation, all rights provided
to a consumer pursuant to sections 57.4 to 58.5, inclusive, of this act, and
any regulations adopted pursuant thereto.

Sec. 58. This chapter does not limit the right of any person detained
hereunder to a writ of habeas corpus upon a proper application made at any time
by such person or any other person on his or her behalf.

Sec. 58.1. 1. Each consumer admitted for evaluation,
treatment or training to a facility has the following rights concerning
admission to the facility, a list of which must be prominently posted in all
facilities providing those services and must be otherwise brought to the
attention of the consumer by such additional means as prescribed by regulation:

(a) The
right not to be admitted to the facility under false pretenses or as a result
of any improper, unethical or unlawful conduct by a staff member of the
facility to collect money from the insurance company of the consumer or for any
other financial purpose.

(b) The
right to receive a copy, on request, of the criteria upon which the facility
makes its decision to admit or discharge a consumer from the facility. Such
criteria must not, for emergency admissions or involuntary court-ordered
admissions, be based on the availability of insurance coverage or any other
financial considerations.

2. As
used in this section, improper conduct means a violation of the rules,
policies or procedures of the facility.

Sec. 58.13. 1. Each consumer admitted for evaluation,
treatment or training to a facility has the following rights concerning
involuntary commitment to the facility, a list of which must be prominently
posted in all facilities providing those services and must be otherwise brought
to the attention of the consumer by such additional means as prescribed by regulation:

(a) To
request and receive a second evaluation by a psychiatrist or psychologist who
does not have a contractual relationship with or financial interest in the
facility. The evaluation must:

(1) Include,
without limitation, a recommendation of whether the consumer should be
involuntarily committed to the facility; and

(2) Be
paid for by the consumer if the insurance carrier of the consumer refuses to
pay for the evaluation.

(b) To
receive a copy of the procedure of the facility regarding involuntary
commitment and treatment.

(c) To
receive a list of the consumers rights concerning involuntary commitment or
treatment.

2. If
the results of an evaluation conducted by a psychiatrist or psychologist
pursuant to subsection 1 conflict in any manner with the results of an
evaluation conducted by the facility, the facility may request and receive a
third evaluation of the consumer to resolve the conflicting portions of the
previous evaluations.

Sec. 58.17. Each consumer admitted for evaluation, treatment or training
to a facility has the following personal rights, a list of which must be
prominently posted in all facilities providing those services and must be
otherwise brought to the attention of the consumer by such additional means as
prescribed by regulation:

1. To
wear the consumers own clothing, to keep and use his or her own personal
possessions, including toilet articles, unless those articles may be used to
endanger the consumers life or others lives, and to keep and be allowed to
spend a reasonable sum of the consumers own money for expenses and small
purchases.

2. To
have access to individual space for storage for his or her private use.

3. To
see visitors each day.

4. To
have reasonable access to telephones, both to make and receive confidential
calls.

5. To
have ready access to materials for writing letters, including stamps, and to mail
and receive unopened correspondence, but:

(a) For
the purposes of this subsection, packages are not considered as correspondence;
and

(b) Correspondence
identified as containing a check payable to a consumer may be subject to
control and safekeeping by the administrative officer of that facility or the
administrative officers designee, so long as the consumers record of
treatment documents the action.

6. To
have reasonable access to an interpreter if the consumer does not speak English
or is hearing impaired.

7. To
designate a person who must be kept informed by the facility of the consumers
medical and mental condition, if the consumer signs a release allowing the
facility to provide such information to the person.

8. Except
as otherwise provided in NRS 439.538, to have access to the consumers medical
records denied to any person other than:

(a) A
member of the staff of the facility or related medical personnel, as
appropriate;

(b) A
person who obtains a waiver by the consumer of his or her right to keep the
medical records confidential; or

(c) A
person who obtains a court order authorizing the access.

9. Other
personal rights as specified by regulation of the Division.

Sec. 58.2. Each consumer admitted for evaluation,
treatment or training to a facility has the following rights concerning care,
treatment and training, a list of which must be prominently posted in all
facilities providing those services and must be otherwise brought to the
attention of the consumer by such additional means as prescribed by regulation:

1. To
medical, psychosocial and rehabilitative care, treatment and training including
prompt and appropriate medical treatment and care for physical and mental
ailments and for the prevention of any illness or disability. All of that care,
treatment and training must be consistent with standards of practice of the
respective professions in the community and is subject to the following
conditions:

(a) Before
instituting a plan of care, treatment or training or carrying out any necessary
surgical procedure, express and informed consent must be obtained in writing
from:

(1) The
consumer if he or she is 18 years of age or over or legally emancipated and
competent to give that consent, and from the consumers legal guardian, if any;

(2) The
parent or guardian of a consumer under 18 years of age and not legally
emancipated; or

(3) The
legal guardian of a consumer of any age who has been adjudicated mentally
incompetent;

(b) An
informed consent requires that the person whose consent is sought be adequately
informed as to:

(1) The
nature and consequences of the procedure;

(2) The
reasonable risks, benefits and purposes of the procedure; and

(3) Alternative
procedures available;

(c) The
consent of a consumer as provided in paragraph (b) may be withdrawn by the
consumer in writing at any time with or without cause;

(d) Even
in the absence of express and informed consent, a licensed and qualified
physician may render emergency medical care or treatment to any consumer who
has been injured in an accident or who is suffering from an acute illness,
disease or condition if, within a reasonable degree of medical certainty, delay
in the initiation of emergency medical care or treatment would endanger the
health of the consumer and if the treatment is immediately entered into the
consumers record of treatment, subject to the provisions of paragraph (e); and

(e) If
the proposed emergency medical care or treatment is deemed by the chief medical
officer of the facility to be unusual, experimental or generally occurring
infrequently in routine medical practice, the chief medical officer shall request
consultation from other physicians or practitioners of healing arts who have
knowledge of the proposed care or treatment.

2. To
be free from abuse, neglect and aversive intervention.

3. To
consent to the consumers transfer from one facility to another, except that
the Administrator of the Division or the Administrators designee, or the
Administrator of the Division of Child and Family Services of the Department or
the Administrators designee, may order a transfer to be made whenever conditions
concerning care, treatment or training warrant it. If the consumer in any
manner objects to the transfer, the person ordering it must enter the objection
and a written justification of the transfer in the consumers record of
treatment and immediately forward a notice of the objection to the
Administrator who ordered the transfer, and the Commission on Behavioral Health
shall review the transfer pursuant to subsection 3 of section 58.47 of this
act.

4. Other
rights concerning care, treatment and training as may be specified by
regulation.

Sec. 58.23. 1. An individualized
written plan of intellectual disability services or plan of services for a
related condition must be developed for each consumer of each facility. The
plan must:

(a) Provide
for the least restrictive treatment procedure that may reasonably be expected
to benefit the consumer; and

(1) The
consumer, to the extent that he or she is able to provide input and
participate; and

(2) To
the extent that the consumer is unable to provide input and participate, the
parent or guardian of the consumer if the consumer is under 18 years of age and
is not legally emancipated, or the legal guardian of a consumer who has been
adjudicated mentally incompetent.

2. The
plan must be kept current and must be modified, with the input and
participation of the consumer, the parent or guardian of the consumer or the
legal guardian of the consumer, as appropriate, when indicated. The plan must
be thoroughly reviewed at least once every 3 months.

3. The
person in charge of implementing the plan of services must be designated in the
plan.

Sec. 58.27. 1. Each facility shall make all of its
decisions, policies, procedures and practices regarding emergency admissions or
involuntary court-ordered admissions based upon clinical efficiency rather than
cost containment.

2. This
section does not preclude a public facility from making decisions, policies,
procedures and practices within the limits of the money made available to the
facility.

Sec. 58.3. 1. A consumer or the consumers legal guardian
must be:

(a) Permitted
to inspect the consumers records; and

(b) Informed
of the consumers clinical status and progress at reasonable intervals of no
longer than 3 months in a manner appropriate to his or her clinical condition.

2. Unless
a psychiatrist has made a specific entry to the contrary in a consumers
records, a consumer or the consumers legal guardian is entitled to obtain a
copy of the consumers records at any time upon notice to the administrative
officer of the facility and payment of the cost of reproducing the records.

Sec. 58.33. 1. The attending psychiatrist or physician is
responsible for all medication given or administered to a consumer.

2. Each
administrative officer shall establish a policy for the review of the
administration, storage and handling of medications by nurses and
nonprofessional personnel.

Sec. 58.37. 1. A consumer may perform labor which
contributes to the operation and maintenance of the facility for which the
facility would otherwise employ someone only if:

(a) The
consumer voluntarily agrees to perform the labor;

(b) Engaging
in the labor is not inconsistent with and does not interfere with the plan of
services for the consumer;

(c) The
person responsible for the consumers treatment agrees to the plan of labor;
and

(d) The
amount of time or effort necessary to perform the labor is not excessive.

Κ In no event may discharge or
privileges be conditioned upon the performance of such labor.

2. A
consumer who performs labor which contributes to the operation and maintenance
of the facility for which the facility would otherwise employ someone must be
adequately compensated and the compensation must be in accordance with
applicable state and federal labor laws.

3. A
consumer who performs labor other than that described in subsection 2 must be
compensated an adequate amount if an economic benefit to another person or
agency results from the consumers labor.

4. The
administrative officer of the facility may provide for compensation of a
resident when the resident performs labor not governed by subsection 2 or 3.

5. This
section does not apply to labor of a personal housekeeping nature or to labor
performed as a condition of residence in a small group living arrangement.

6. One-half
of any compensation paid to a consumer pursuant to this section is exempt from
collection or retention as payment for services rendered by the Division or its
facilities. Such an amount is also exempt from levy, execution, attachment,
garnishment or any other remedies provided by law for the collection of debts.

Sec. 58.4. Each consumer admitted for evaluation,
treatment or training to a facility has the following rights concerning the
suspension or violation of his or her rights, a list of which must be
prominently posted in all facilities providing those services and must be
otherwise brought to the attention of the consumer by such additional means as prescribed
by regulation:

1. To
receive a list of the consumers rights.

2. To
receive a copy of the policy of the facility that sets forth the clinical or
medical circumstances under which the consumers rights may be suspended or
violated.

3. To
receive a list of the clinically appropriate options available to the consumer
or the consumers family to remedy an actual or a suspected suspension or
violation of his or her rights.

4. To
have all policies of the facility regarding the rights of consumers prominently
posted in the facility.

Sec. 58.43. Each facility shall, within a reasonable time after a
consumer is admitted to the facility for evaluation, treatment or training, ask
the consumer to sign a document that reflects that the consumer has received a
list of the consumers rights and has had those rights explained to him or her.

Sec. 58.47. 1. The rights of a consumer
enumerated in this chapter must not be denied except to protect the consumers
health and safety or to protect the health and safety of others, or both. Any
denial of those rights in any facility must be entered in the consumers record
of treatment, and notice of the denial must be forwarded to the administrative
officer of the facility. Failure to report denial of rights by an employee may
be grounds for dismissal.

2. If
the administrative officer of a facility receives notice of a denial of rights
as provided in subsection 1, the officer shall cause a full report to be
prepared which must set forth in detail the factual circumstances surrounding
the denial. Except as otherwise provided in NRS 239.0115, such a report is
confidential and must not be disclosed. A copy of the report must be sent to
the Commission on Behavioral Health.

3. The
Commission on Behavioral Health:

(a) Shall
receive reports of and may investigate apparent violations of the rights
guaranteed by this chapter;

(c) May
act on behalf of consumers to obtain remedies for any apparent violations; and

(d) Shall
otherwise endeavor to safeguard the rights guaranteed by this chapter.

4. Pursuant
to NRS 241.030, the Commission on Behavioral Health may close any portion of a
meeting in which it considers the character, alleged misconduct or professional
competence of a person in relation to:

(a) The
denial of the rights of a consumer; or

(b) The
care and treatment of a consumer.

Κ The provisions of this subsection
do not require a meeting of the Commission on Behavioral Health to be closed to
the public.

Sec. 58.5. An officer, director or employee of a
facility shall not retaliate against any person for having:

1. Reported
any violation of law; or

2. Provided
information regarding a violation of law,

Κ by the facility or a staff member
of the facility.

Sec. 58.57. 1. There may be maintained as a trust fund at
each division facility a consumers personal deposit fund.

2. Money
coming into the possession of the administrative officer of a division facility
which belongs to a consumer must be credited in the fund in the name of that
consumer.

3. When
practicable, individual credits in the fund must not exceed the sum of $300.

4. Any
amounts to the credit of a consumer may be used for purchasing personal
necessities, for expenses of burial or may be turned over to the consumer upon
the consumers demand, except that when the consumer is adjudicated mentally
incompetent the guardian of the consumers estate has the right to demand and
receive the money.

5. An
amount accepted for the benefit of a consumer for a special purpose must be
reserved for that purpose regardless of the total amount to the credit of the
consumer.

6. Except
as otherwise provided in subsection 7, the administrative officers shall
deposit any money received for the funds of their respective facilities in
commercial accounts with one or more banks or credit unions of reputable standing.
When deposits in a commercial account exceed $15,000, the administrative
officer may deposit the excess in a savings account paying interest in any
reputable commercial bank, or in any credit union or savings and loan
association within this state that is federally insured or insured by a private
insurer approved pursuant to NRS 678.755. The savings account must be in the
name of the fund. Interest paid on deposits in the savings account may be used
for recreational purposes at the division facility.

7. The
administrative officers may maintain at their respective division facilities
petty cash of not more than $400 of the money in the consumers personal
deposit fund to enable consumers to withdraw small sums from their accounts.

Sec. 58.6. Whenever any person admitted to a division facility dies,
the administrative officer shall send written notice to the decedents legally
appointed representative, listing the personal property remaining in the
custody or possession of the facility. If there is no demand made upon the
administrative officer of the facility by the decedents legally appointed
representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be
held by the officer for a period of 1 year from the date of the decedents
death for the benefit of the heirs, legatees or successors of the decedent.

custody or possession
of the administrative officer must be held by the officer for a period of 1
year from the date of the decedents death for the benefit of the heirs,
legatees or successors of the decedent. At the end of this period, another notice
must be sent to the decedents representative, listing the property and
specifying the manner in which the property will be disposed of if not claimed
within 15 business days. After 15 business days, all personal property and
documents of the decedent, other than cash, remaining unclaimed in the
possession of the administrative officer must be disposed of as follows:

1. All
documents must be filed by the administrative officer with the public
administrator of the county from which the consumer was admitted.

2. All
other personal property must be sold at a public auction or by sealed bids. The
proceeds of the sale must be applied to the decedents unpaid balance for costs
incurred at the division facility.

Sec. 58.63. If a person admitted to a division facility is discharged or
leaves and the person fails to recover personal property worth more than $100
in the custody of the administrative officer of the facility, the
administrative officer shall notify the former consumer or the consumers legal
representative in writing that personal property remains in the custody of the
facility. The property must be held in safekeeping for the consumer for a
period of 1 year from the date of discharge. If upon the expiration of the
1-year period no claim has been made upon the administrative officer by the
person or the persons legal representative, another notice must be sent to the
person or the persons legal representative, stating that personal property
remains in the custody of the facility, and specifying the manner in which the
property will be disposed of if not claimed within 15 business days. After 15
business days, the property may be considered unclaimed property and be
disposed of in the manner provided for unclaimed property of deceased persons under
the provisions of section 58.6 of this act.

Sec. 58.67. If, upon the death or release of a person admitted to a
division facility, the value of unclaimed personal property in the possession
of the administrative officer of the facility is so minimal that it cannot be
sold at public auction or by sealed bid and if the property, either in its
present condition or in an improved condition, cannot be used by the division
facility, the administrative officer may order the personal property destroyed.

Sec. 58.7. 1. Upon the death of a consumer, any known
relatives or friends of the consumer shall be notified immediately of the fact
of death.

2. The
Administrator or the Administrators designee shall cause a decent burial to be
provided for the consumer outside division facility grounds. The Administrator
or the designee may enter into a contract with any person or persons, including
governmental agencies or other instrumentalities, as the Administrator or the
designee deems proper, for a decent burial. Where there are known relatives,
and they are financially able, the cost of burial must be borne by the
relatives. Where there are no known relatives, the cost of burial must be a
charge against the State of Nevada, but the cost thereof must not exceed the
amount charged for the burial of indigents in the county in which the burial
takes place.

3. When
a consumer has income from a pension payable through a division facility, and
has no guardian, the Division may obligate operating funds for funeral expenses
in the amount due under the pension benefits.

Sec. 58.75. 1. An employee of a public or private facility
offering services for persons with intellectual disabilities and persons with
related conditions or any other person, except a consumer, who:

(a) Has
reason to believe that a consumer of the Division or of a private facility
offering services for consumers with intellectual disabilities and consumers
with related conditions has been or is being abused or neglected and fails to
report it;

(b) Brings
intoxicating beverages or a controlled substance into any division facility
occupied by consumers unless specifically authorized to do so by the
administrative officer or a staff physician of the facility;

(c) Is
under the influence of liquor or a controlled substance while employed in
contact with consumers, unless in accordance with a lawfully issued prescription;

(d) Enters
into any transaction with a consumer involving the transfer of money or
property for personal use or gain at the expense of the consumer; or

(e) Contrives
the escape, elopement or absence of a consumer,

Κ is guilty of a misdemeanor, in
addition to any other penalties provided by law.

2. In
addition to any other penalties provided by law, an employee of a public or
private facility offering services for persons with intellectual disabilities
and persons with related conditions or any other person, except a consumer, who
willfully abuses or neglects a consumer:

(a) For
a first violation that does not result in substantial bodily harm to the
consumer, is guilty of a gross misdemeanor.

(b) For
a first violation that results in substantial bodily harm to the consumer, is
guilty of a category B felony.

(c) For
a second or subsequent violation, is guilty of a category B felony.

Κ A person convicted of a category
B felony pursuant to this section shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a maximum term of
not more than 6 years, or by a fine of not more than $5,000, or by both fine
and imprisonment.

3. A
person who is convicted pursuant to this section is ineligible for 5 years for
appointment to or employment in a position in the state service and, if the
person is an officer or employee of the State, the person forfeits his or her
office or position.

4. A
conviction pursuant to this section is, when applicable, grounds for
disciplinary action against the person so convicted and the facility where the
violation occurred. The Division may recommend to the appropriate agency or
board the suspension or revocation of the professional license, registration,
certificate or permit of a person convicted pursuant to this section.

5. For
the purposes of this section:

(a) Abuse
means any willful and unjustified infliction of pain, injury or mental anguish
upon a consumer, including, but not limited to:

(1) The
rape, sexual assault or sexual exploitation of the consumer;

(2) The
use of any type of aversive intervention;

(3) Except
as otherwise provided in NRS 433.5486, a violation of NRS 433.549; and

(4) The
use of physical, chemical or mechanical restraints or the use of seclusion in
violation of federal law.

Κ Any act which meets the standard
of practice for care and treatment does not constitute abuse.

(b) Consumer
includes any person who seeks, on the persons own or others initiative, and
can benefit from, care, treatment and training in a public or private
institution or facility offering services for persons with intellectual
disabilities and persons with related conditions.

(c) Neglect
means any omission to act which causes injury to a consumer or which places the
consumer at risk of injury, including, but not limited to, the failure to
follow:

(1) An
appropriate plan of treatment to which the consumer has consented; and

(2) The
policies of the facility for the care and treatment of consumers.

Κ Any omission to act which meets
the standard of practice for care and treatment does not constitute neglect.

(d) Standard
of practice means the skill and care ordinarily exercised by prudent
professional personnel engaged in health care.

Sec. 58.8. 1. Any person who, on the grounds of a division
facility, sells, barters, exchanges or in any manner disposes of any spirituous
or malt liquor or beverage to any person lawfully confined in the division
facility is guilty of a gross misdemeanor.

2. This
section does not apply to any physician prescribing or furnishing liquor to the
person when the liquor is prescribed or furnished for medicinal purposes only.

Sec. 58.85. 1. A public or private facility offering
services for persons with intellectual disabilities and persons with related
conditions may return a prescription drug that is dispensed to a patient of the
facility, but will not be used by that patient, to the dispensing pharmacy for
the purpose of reissuing the drug to fill other prescriptions for patients in
that facility or for the purpose of transferring the drug to a nonprofit
pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 if:

(a) The
drug is not a controlled substance;

(b) The
drug is dispensed in a unit dose, in individually sealed doses or in a bottle
that is sealed by the manufacturer of the drug;

(c) The
drug is returned unopened and sealed in the original manufacturers packaging
or bottle;

(d) The
usefulness of the drug has not expired;

(e) The
packaging or bottle contains the expiration date of the usefulness of the drug;
and

(f) The
name of the patient for whom the drug was originally prescribed, the
prescription number and any other identifying marks are obliterated from the
packaging or bottle before the return of the drug.

2. A
dispensing pharmacy to which a drug is returned pursuant to this section may:

(a) Reissue
the drug to fill other prescriptions for patients in the same facility if the
registered pharmacist of the pharmacy determines that the drug is suitable for
that purpose in accordance with standards adopted by the State Board of
Pharmacy pursuant to subsection 5; or

(b) Transfer
the drug to a nonprofit pharmacy designated by the State Board of Pharmacy
pursuant to NRS 639.2676.

3. No
drug that is returned to a dispensing pharmacy pursuant to this section may be
used to fill other prescriptions more than one time.

4. A
facility offering services for persons with intellectual disabilities and
persons with related conditions shall adopt written procedures for returning
drugs to a dispensing pharmacy pursuant to this section. The procedures must:

(a) Provide
appropriate safeguards for ensuring that the drugs are not compromised or
illegally diverted during their return.

(b) Require
the maintenance and retention of such records relating to the return of such
drugs as are required by the State Board of Pharmacy.

(c) Be
approved by the State Board of Pharmacy.

5. The
State Board of Pharmacy shall adopt such regulations as are necessary to carry
out the provisions of this section, including, without limitation, requirements
for:

(a) Returning
and reissuing such drugs pursuant to the provisions of this section.

(b) Transferring
drugs to a nonprofit pharmacy pursuant to the provisions of this section and
NRS 639.2676.

(c) Maintaining
records relating to the return and the use of such drugs to fill other
prescriptions.

Sec. 58.9. The administrative officer of a facility of the Division
must:

1. Be
selected on the basis of training and demonstrated administrative qualities of
leadership in any one of the fields of psychiatry, medicine, psychology, social
work, education or administration.

2. Be
appointed on the basis of merit as measured by administrative training or
experience in programs relating to intellectual disabilities, including care
and treatment of persons with intellectual disabilities and persons with
related conditions.

Sec. 59. The administrative officers have the following powers and
duties, subject to the administrative supervision of the Administrator:

1. To
exercise general supervision of and establish regulations for the government of
the facilities designated by the Administrator;

2. To
be responsible for and supervise the fiscal affairs and responsibilities of the
facilities designated by the Administrator;

3. To
appoint such medical, technical, clerical and operational staff as the
execution of his or her duties, the care and treatment of consumers and the
maintenance and operation of the facilities designated by the Administrator may
require;

4. To
make reports to the Administrator, and to supply the Administrator with
material on which to base proposed legislation;

5. To
keep complete and accurate records of all proceedings, record and file all bonds
and contracts, and assume responsibility for the custody and preservation of
all papers and documents pertaining to his or her office;

6. To
inform the public in regard to the activities and operation of the facilities;

7. To
invoke any legal, equitable or special procedures for the enforcement of his or
her orders or the enforcement of the provisions of this chapter and other
statutes governing the facilities;

8. To
submit an annual report to the Administrator on the condition, operation,
functioning and anticipated needs of the facilities; and

9. To
assume responsibility for the nonmedical care and treatment of consumers if
that responsibility has not been delegated.

Sec. 59.2. Except as otherwise provided in NRS 284.143, an
administrative officer shall devote his or her entire time to the duties of his
or her position and shall have no other gainful employment or occupation, but
the administrative officer may attend seminars, act as a consultant and give
lectures relating to his or her profession and accept appropriate stipends for
the seminars, consultations and lectures.

Sec. 59.3. The medical director of a division facility may order the
transfer to a hospital of the Department of Veterans Affairs or other facility
of the United States Government any admitted consumer eligible for treatment
therein. If the consumer in any manner objects to the transfer, the medical
director of the facility shall enter the objection and a written justification
of the transfer in the consumers record and forward a notice of the objection
to the Administrator, and the Commission on Behavioral Health shall review the
transfer pursuant to subsections 2 and 3 of section 58.47 of this act.

Sec. 59.4. 1. If any person involuntarily court-admitted
to any division facility is found by the court not to be a resident of this
State and to be a resident of another state, the person may be transferred to
the state of his or her residence pursuant to section 57 of this act if an
appropriate institution of that state is willing to accept the person.

2. The
approval of the Administrator must be obtained before any transfer is made pursuant
to subsection 1.

Sec. 59.45. 1. When a person is admitted to a division
facility or hospital under one of the various forms of admission prescribed by
law, the parent or legal guardian of a person with an intellectual disability
or person with a related condition who is a minor or the husband or wife of a
person with an intellectual disability or person with a related condition, if
of sufficient ability, and the estate of the person with an intellectual
disability or person with a related condition, if the estate is sufficient for
the purpose, shall pay the cost of the maintenance for the person with an
intellectual disability or person with a related condition, including treatment
and surgical operations, in any hospital in which the person is hospitalized
under the provisions of this chapter:

(a) To
the administrative officer if the person is admitted to a division facility; or

(b) In
all other cases, to the hospital rendering the service.

2. If
a person or an estate liable for the care, maintenance and support of a
committed person neglects or refuses to pay the administrative officer or the
hospital rendering the service, the State is entitled to recover, by
appropriate legal action, all money owed to a division facility or which the
State has paid to a hospital for the care of a committed person, plus interest
at the rate established pursuant to NRS 99.040.

Sec. 59.5. 1. The administrative officers of the
respective division facilities may enter into special agreements secured by
properly executed bonds with the relatives, guardians or friends of consumers
who are adjudicated to be consumers with mental incompetence for subsistence,
care or other expenses of such consumers. Each agreement and bond must be to
the State of Nevada and any action to enforce the agreement or bond may be
brought by the administrative officer.

2. Financially
responsible relatives pursuant to section 59.45 of this act and the guardian of
the estate of a consumer may, from time to time, pay money to the division facility
for the future personal needs of the consumer
with mental incompetence and for the consumers burial expenses.

consumer with mental
incompetence and for the consumers burial expenses. Money paid pursuant to
this subsection must be credited to the consumer in the consumers personal
deposit fund established pursuant to section 58.57 of this act.

Sec. 59.6. 1. If the consumer, his or her responsible
relative pursuant to section 59.45 of this act, guardian or the estate neglects
or refuses to pay the cost of treatment to the division facility rendering
service pursuant to the fee schedule established under section 55.4 of this
act, the State is entitled to recover by appropriate legal action all sums due,
plus interest.

2. Before
initiating such legal action, the division facility shall demonstrate efforts
at collection, which may include contractual arrangements for collection
through a private collection agency.

Sec. 59.7. The expense of diagnostic, medical and surgical services
furnished to a consumer admitted to a division facility by a person not on the
staff of the facility, whether rendered while the consumer is in a general
hospital, an outpatient of a general hospital or treated outside any hospital,
must be paid by the consumer, the guardian or relatives responsible pursuant to
section 59.45 of this act for the consumers care. In the case of an indigent
consumer or a consumer whose estate is inadequate to pay the expenses, the
expenses must be charged to the county from which the admission to the division
facility was made, if the consumer had, before admission, been a resident of
that county. The expense of such diagnostic, medical and surgical services must
not in any case be a charge against or paid by the State of Nevada, except
when, in the opinion of the administrative officer of the division facility to
which the consumer is admitted, payment should be made for nonresident indigent
consumers and money is authorized pursuant to section 54.6 of this act and the
money is authorized in approved budgets.

Sec. 60. NRS
435.007 is hereby amended to read as follows:

435.007 As used in this chapter, unless
the context otherwise requires:

1. Administrative officer means a person with overall
executive and administrative responsibility for those state or nonstate
intellectual disability centers designated by the Administrator.

2. Administrator
means the Administrator of the Division.

3. Child
means any person under the age of 18 years who may be eligible for [mental
retardation]intellectual
disabilities services or services for a related condition.

[2.]4. Department means the Department of Health and Human
Services.

5. Director of the Department means the administrative head
of the Department.

6. Division means the Aging and
Disability Services Division of the Department.

7. Division facility means any unit or subunit
operated by the Division for the care, treatment and training of consumers.

(2) Any
other condition, other than mental illness, found to be closely related to an
intellectual disability because the condition results in impairment of general
intellectual functioning or adaptive behavior similar to that of a person with
an intellectual disability and requires treatment or services similar to those
required by a person with an intellectual disability;

(b) Is
manifested before the person affected attains the age of 22 years;

(c) Is
likely to continue indefinitely; and

(d) Results
in substantial functional limitations in three or more of the following areas
of major life activity:

(1) Taking
care of oneself;

(2) Understanding
and use of language;

(3) Learning;

(4) Mobility;

(5) Self-direction;
and

(6) Capacity
for independent living.

16. Residential facility for groups means
a structure similar to a private residence which will house a small number of
persons in a homelike atmosphere.

17. Training means a program of services directed primarily
toward enhancing the health, welfare and development of persons with
intellectual disabilities and persons with related conditions through the
process of providing those experiences that will enable the person to:

(a) Develop
his or her physical, intellectual, social and emotional capacities to the
fullest extent;

(b) Live
in an environment that is conducive to personal dignity; and

(c) Continue
development of those skills, habits and attitudes essential to adaptation in
contemporary society.

18. Treatment means any combination of procedures or
activities, of whatever level of intensity and whatever duration, ranging from
occasional counseling sessions to full-time admission to a residential
facility.

Sec. 60.3. NRS
435.081 is hereby amended to read as follows:

435.081 1. The Administrator
or the Administrators designee may receive a person with [mental retardation]an intellectual disability or
a person with a related condition of this State for services in a facility
operated by the Division if:

(a) The person is a person with [mental
retardation as defined in NRS 433.174]an intellectual disability or
is a person with a related condition and is in need of institutional training
and treatment;

(b) Space is available which is designed and
equipped to provide appropriate care for the person;

(c) The facility has or can provide an
appropriate program of training and treatment for the person; and

(d) There is written evidence that no less
restrictive alternative is available in the persons community.

2. A person with [mental retardation]an intellectual disability or
a person with a related condition may be accepted at a division facility for
emergency evaluation when the evaluation is requested by a court. A person must
not be retained pursuant to this subsection for more than 10 working days.

3. A court may order that a person with [mental
retardation]an
intellectual disability or a person with a related condition be
admitted to a division facility if it finds that admission is necessary because
of the death or sudden disability of the parent or guardian of the person. The
person must not be retained pursuant to this subsection for more than 45 days.
Before the expiration of the 45-day period, the Division shall report to the
court its recommendations for placement or treatment of the person. If less
restrictive alternatives are not available, the person may be admitted to the
facility using the procedures for voluntary or involuntary admission, as
appropriate.

4. A child may be received, cared for and
examined at a division facility for [the mentally retarded]persons with intellectual disabilities
or persons with related conditions for not more than 10 working
days without admission, if the examination is ordered by a court having
jurisdiction of the minor in accordance with the provisions of NRS 62E.280 and
subsection 1 of NRS 432B.560. At the end of the 10 days, the Administrator or
the Administrators designee shall report the result of the examination to the
court and shall detain the child until the further order of the court, but not
to exceed 7 days after the Administrators report.

5. The parent or guardian of a person
believed to be a person with [mental retardation]an intellectual disability or a person with a
related condition may apply to the administrative officer of a division
facility to have the person evaluated by personnel of the Division who are
experienced in the diagnosis of [mental retardation]intellectual disabilities and related
conditions. The administrative officer may accept the person for evaluation
without admission.

6. If, after the completion of an
examination or evaluation pursuant to subsection 4 or 5, the administrative
officer finds that the person meets the criteria set forth in subsection 1, the
person may be admitted to the facility using the procedures for voluntary or
involuntary admission, as appropriate.

7. If, at any time, the parent or guardian
of a person admitted to a division facility on a voluntary basis, or the person
himself or herself if the person has attained the age of 18 years, requests in
writing that the person be discharged, the administrative officer shall
discharge the person. If the administrative officer finds that discharge from
the facility is not in the persons best interests, the administrative officer
may initiate proceedings for involuntary admission, but the person must be
discharged pending those proceedings.

435.227 Before being issued a certificate
by the Division pursuant to NRS 435.225 and annually thereafter as a condition
of certification, an organization must:

1. Be on file and in good standing with
the Secretary of State [as a nonprofit organization]and organized pursuant to title
7 of NRS;

2. Submit to the Division an annual audit
of the financial statements of the organization that is conducted by an
independent certified public accountant; and

3. Submit to the Division the most recent
federal tax return of the organization, including, without limitation, Form
990, or its successor form, and the Schedule L and Schedule R of such return,
or the successor forms of such schedules, which include an itemization of:

(a) Any transaction during the federal tax year
of the organization in which an economic benefit is provided by the
organization to a director, officer or board member of the organization, or any
other person who has substantial influence over the organization, and in which
the value of the economic benefit provided by the organization exceeds the
value of the consideration received by the organization;

(b) Any loans to or from the organization which
are received by or from a director, officer or board member of the
organization, a person who has substantial influence over the organization or a
family member of such director, officer, board member or person and which
remain outstanding at the end of the federal tax year of the organization;

(c) Any grants or other assistance from the
organization during the federal tax year of the organization which benefit a
director, officer or board member of the organization, a person who has
substantial influence over the organization or a family member of such
director, officer, board member or person;

(d) Business transactions during the federal tax
year of the organization between the organization and a director, officer or
board member of the organization, a person who has substantial influence over
the organization or a family member of such director, officer, board member or
person which exceed, in the aggregate, $100,000, or a single business
transaction that exceeds $10,000; and

(e) All related party transactions including,
without limitation, the receipt of interest, royalties, annuities or rent, the
sale or purchase of assets or services, the sharing of facilities, equipment or
employees, and the transfer of cash or property.

Sec. 61. NRS
435.350 is hereby amended to read as follows:

435.350 1. Each person with [mental
retardation]an
intellectual disability and each person with a related condition
admitted to a division facility is entitled to all rights enumerated in NRS
433.482, 433.484 and 433.545 to 433.551, inclusive[.] , and sections 58.17 and 58.2 of this
act.

2. The Administrator shall designate a
person or persons to be responsible for establishment of regulations relating
to denial of rights of persons with [mental retardation]an intellectual disability and
persons with related conditions. The person designated shall file the regulations
with the Administrator.

3. Consumers rights specified in NRS
433.482 and 433.484 and sections
58.17 and 58.2 of this act may be denied only for cause. Any
denial of such rights must be entered in the consumers treatment record, and
notice of the denial must be forwarded to the
Administrators designee or designees as provided in subsection 2.

of the denial must be forwarded to the Administrators
designee or designees as provided in subsection 2. Failure to report denial of
rights by an employee may be grounds for dismissal.

4. Upon receipt of notice of a denial of
rights as provided in subsection 3, the Administrators designee or designees
shall cause a full report to be prepared which sets forth in detail the factual
circumstances surrounding the denial. A copy of the report must be sent to the
Administrator and the Commission[.] on Behavioral Health.

5. The Commission on Behavioral Health has such powers and
duties with respect to reports of denial of rights as are enumerated for the Commission on Behavioral Health in
subsection 3 of [NRS 433.534.] section 58.47 of this act.

Sec. 61.5. NRS
436.123 is hereby amended to read as follows:

436.123 The [Division]Department is
designated as the official state agency responsible for developing and
administering preventive and outpatient mental health services . [, subject to
administrative supervision by the Director of the Department. It]The Department shall
function in the following areas:

1. Assisting and consulting with local
health authorities in providing community mental health services, which
services may include prevention, rehabilitation, case finding, diagnosis and
treatment of persons with mental illness, and consultation and education for
groups and individuals regarding mental health.

2. Coordinating mental health functions
with other state agencies.

3. Participating in and promoting the development
of facilities for training personnel necessary for implementing such services.

3. Perform
such other duties as the Director may, from time to time, prescribe.

Κ If the Chief Medical Officer is
not licensed to practice medicine in this State, he or she shall not, in
carrying out the duties of the Chief Medical Officer, engage in the practice of
medicine.

Sec. 66. NRS
439.005 is hereby amended to read as follows:

439.005 As used in this chapter, unless
the context requires otherwise:

1. Administrator means the Administrator
of the [Health] Division.

2. Department means the Department of
Health and Human Services.

3. Director means the Director of the
Department.

4. Division means the Division of Public and Behavioral
Health of the Department.

5. Health
authority means the officers and agents of the [Health]
Division or the officers and agents of the local boards of health.

[5. Health Division means the Health Division
of the Department.]

6. Individually identifiable health
information has the meaning ascribed to it in 45 C.F.R. § 160.103.

Sec. 67. NRS
439.010 is hereby amended to read as follows:

439.010 Except as otherwise provided in
NRS 439.581 to 439.595, inclusive, the provisions of this chapter must be
administered by the Administrator and the [Health]
Division, subject to administrative supervision by the Director.

Sec. 68. NRS
439.015 is hereby amended to read as follows:

439.015 The Department, through the [Health]
Division, may accept and direct the disbursement of money appropriated by any Act
of Congress and apportioned or allocated to the State of Nevada for health
purposes. This federal money must be deposited in the State Treasury for credit
to the State [Health] Division of Public and Behavioral Health Federal
Account within the State General Fund.

Sec. 69. (Deleted by amendment.)

Sec. 69.5. NRS
439.110 is hereby amended to read as follows:

439.110 1. Except as
otherwise provided in subsection 2 and NRS 284.143, the [State Health]Chief Medical Officer
shall devote his or her full time to the official duties of the [State
Health]Chief
Medical Officer and shall not engage in any other business or
occupation.

2. Notwithstanding the provisions of NRS
281.127, the [State Health]Chief Medical Officer may cooperate with the
Nevada System of Higher Education in the preparation and teaching of preservice
professional workers in public health and in a program providing additional
professional preparation for behavioral
health workers and public health workers employed by the State of
Nevada.

Sec. 70. NRS
439.130 is hereby amended to read as follows:

439.130 1. The [State
Health]Chief
Medical Officer shall:

(a) Enforce all laws and regulations pertaining
to the public health.

(b) Investigate causes of disease, epidemics,
source of mortality, nuisances affecting the public health, and all other
matters related to the health and life of the people, and to this end the [State
Health]Chief
Medical Officer may enter upon and inspect any public or private
property in the State.

(c) Direct the work of subordinates and may
authorize them to act in his or her place and stead.

(e) Perform such other duties as the Director
may, from time to time, prescribe.

Κ If the [State
Health]Chief
Medical Officer is not licensed to practice medicine in this
State, he or she shall not, in carrying out the duties of the [State
Health]Chief
Medical Officer, engage in the practice of medicine.

2. The Administrator shall direct the work
of the [Health] Division, administer the
Division and perform such other duties as the Director may, from time to time,
prescribe.

Sec. 71. NRS
439.150 is hereby amended to read as follows:

439.150 1. The State Board of
Health is hereby declared to be supreme in all nonadministrative health
matters. It has general supervision over all matters, except for administrative
matters and as otherwise provided in NRS 439.950 to 439.983, inclusive,
relating to the preservation of the health and lives of citizens of this State
and over the work of the [State Health]Chief Medical Officer and all district, county
and city health departments, boards of health and health officers.

2. The Department is hereby designated as
the agency of this State to cooperate with the federal authorities in the
administration of those parts of the Social Security Act which relate to the
general promotion of public health. It may receive and expend all money made
available to the [Health] Division by the Federal
Government, the State of Nevada or its political subdivisions, or from any
other source, for the purposes provided in this chapter. In developing and
revising any state plan in connection with federal assistance for health
programs, the Department shall consider, without limitation, the amount of
money available from the Federal Government for those programs, the conditions
attached to the acceptance of that money and the limitations of legislative
appropriations for those programs.

3. Except as otherwise provided in NRS
576.128, the State Board of Health may set reasonable fees for the:

(a) Licensing, registering, certifying,
inspecting or granting of permits for any facility, establishment or service
regulated by the [Health] Division;

(b) Programs and services of the [Health]
Division;

(c) Review of plans; and

(d) Certification and licensing of personnel.

Κ Fees set
pursuant to this subsection must be calculated to produce for that period the
revenue from the fees projected in the budget approved for the [Health]
Division by the Legislature.

Sec. 72. NRS
439.2794 is hereby amended to read as follows:

439.2794 1. The [Health]
Division may:

(a) Enter into contracts for any services
necessary to carry out or assist the [Health]
Division in carrying out the provisions of NRS 439.271 to 439.2794, inclusive,
with public or private entities that have the appropriate expertise to provide
such services;

(b) Apply for and accept any gift, donation,
bequest, grant or other source of money to carry out the provisions of NRS
439.271 to 439.2794, inclusive;

(c) Apply for any waiver from the Federal
Government that may be necessary to maximize the amount of money this State may
obtain from the Federal Government to carry out the provisions of NRS 439.271
to 439.2794, inclusive; and

(d) Adopt regulations as necessary to carry out
and administer the Program.

2. Any money that is accepted by the [Health]
Division pursuant to subsection 1 must be deposited in the State Treasury and
accounted for separately in the State General Fund.

3. The Administrator shall administer the
account created pursuant to subsection 2. Money in the account does not lapse
to the State General Fund at the end of the fiscal year. The interest and
income earned on the money in the account must be credited to the account. Any
claims against the account must be paid as other claims against the State are
paid.

Sec. 73. NRS
439.340 is hereby amended to read as follows:

439.340 The county board of health shall
be subject to the supervision of the [Health]
Division, and shall make such reports to the [Health]
Division as the State Board of Health may require.

Sec. 74. NRS
439.4905 is hereby amended to read as follows:

439.4905 1. Unless an
exemption is approved pursuant to subsection 3, each county shall pay an
assessment to the [Health] Division, in an amount
determined by the [Health] Division, for the costs of
services provided in that county by the [Health]
Division or by the [State Health]Chief Medical Officer, including, without
limitation, services provided pursuant to this chapter and chapters 441A, 444,
446 and 583 of NRS and the regulations adopted pursuant to those chapters,
regardless of whether the county has a local health authority.

2. Each county shall pay the assessment to
the [Health] Division in quarterly
installments that are due on the first day of the first month of each calendar
quarter.

3. A county may submit a proposal to the
Governor for the county to carry out the services that would otherwise be
provided by the [Health] Division or the [State
Health]Chief
Medical Officer pursuant to this chapter and chapters 441A, 444,
446 and 583 of NRS and the regulations adopted pursuant to those chapters. If
the Governor approves the proposal, the Governor shall submit a recommendation
to the Interim Finance Committee to exempt the county from the assessment
required pursuant to subsection 1. The Interim Finance Committee, upon
receiving the recommendation from the Governor, shall consider the proposal and
determine whether to approve the exemption. In considering whether to approve
the exemption, the Interim Finance Committee shall consider, among other
things, the best interests of the State, the effect of the exemption and the
intent of the Legislature in requiring the assessment to be paid by each
county.

4. An exemption that is approved by the
Interim Finance Committee pursuant to subsection 3 must not become effective
until at least 6 months after that approval.

5. A county that receives approval
pursuant to subsection 3 to carry out the services that would otherwise be
provided by the [Health] Division or the [State
Health]Chief
Medical Officer pursuant to this chapter and chapters 441A, 444,
446 and 583 of NRS and the regulations adopted pursuant to those chapters shall
carry out those services in the manner set forth in those chapters and
regulations.

6. The [Health]
Division may adopt such regulations as necessary to carry out the provisions of
this section.

(a) Enter into contracts for any service
necessary to carry out the provisions of NRS 439.491 to 439.494, inclusive; and

(b) Apply for and accept gifts, grants, donations
and bequests from any source to carry out the provisions of NRS 439.491 to
439.494, inclusive.

2. Any money collected pursuant to
subsection 1 and any money appropriated to carry out the provisions of NRS
439.491 to 439.494, inclusive:

(a) Must be deposited in the State Treasury and
accounted for separately in the State General Fund; and

(b) Except as otherwise provided by the terms of
a specific gift, grant, donation or bequest, must only be expended to carry out
the provisions of NRS 439.491 to 439.494, inclusive.

3. The Administrator shall administer the
account. Any interest or income earned on the money in the account must be
credited to the account.

4. Any claims against the account must be
paid as other claims against the State are paid.

Sec. 76. NRS
439.507 is hereby amended to read as follows:

439.507 1. The [Health]
Division may:

(a) Within the limitations of available funding,
enter into contracts for any services necessary to carry out or assist the [Health]
Division in carrying out NRS 439.501 to 439.507, inclusive, with public or
private entities that have the appropriate expertise to provide such services;

(b) Apply for and accept any gift, donation,
bequest, grant or other source of money to carry out the provisions of NRS
439.501 to 439.507, inclusive; and

(c) Apply for any waiver from the Federal
Government that may be necessary to maximize the amount of money this state may
obtain from the Federal Government to carry out the provisions of NRS 439.501
to 439.507, inclusive.

2. Any money that is appropriated to carry
out the provisions of NRS 439.501 to 439.507, inclusive:

(a) Must be deposited in the State Treasury and
accounted for separately in the State General Fund; and

(b) May only be used to carry out those
provisions.

3. The Administrator shall administer the
account. Any interest or income earned on the money in the account must be
credited to the account. Any claims against the account must be paid as other
claims against the State are paid.

Sec. 77. NRS
439.527 is hereby amended to read as follows:

439.527 1. There is hereby created
the Committee on Co-Occurring Disorders. The Committee consists of:

(a) The Administrator ,[of the Division of Mental
Health and Developmental Services of the Department,] who
is an ex officio member of the Committee; and

(b) Fourteen members appointed by the Governor.

2. The Governor shall appoint to the
Committee:

(a) One member who is a psychiatrist licensed to
practice medicine in this State and certified by the American Board of
Psychiatry and Neurology;

(b) One member who is a physician licensed
pursuant to chapter 630 or 633 of NRS who is certified as an addictionologist
by the American Society of Addiction Medicine;

(c) One member who is a psychologist licensed to
practice in this State;

(d) One member who is licensed as a marriage and
family therapist in this State;

(e) One member who is licensed as a clinical
social worker in this State;

(f) One member who is a district judge in this
State;

(g) One member who is a representative of the
Nevada System of Higher Education;

(h) One member who is a representative of a state
or local criminal justice agency;

(i) One member who is a representative of a
hospital or mental health facility in this State;

(j) One member who is a member of the Nevada
Mental Health Planning Advisory Council;

(k) One member who is a representative of a
program relating to mental health and the treatment of the abuse of alcohol or
drugs in this State;

(l) One member who is a policy analyst in the
field of mental health, substance abuse or criminal justice;

(m) One member who is a representative of persons
who have used services relating to mental health, substance abuse or criminal
justice in this State; and

(n) One member who is an immediate family member
of a person who has used services relating to mental health, substance abuse or
criminal justice in this State.

3. The members of the Committee shall
elect a Chair and Vice Chair by a majority vote. After the initial election,
the Chair and Vice Chair shall hold office for a term of 1 year beginning on
October 1 of each year. If a vacancy occurs in the office of the Chair, the
members of the Committee shall elect a Chair from among its members for the
remainder of the unexpired term.

4. After the initial terms, each member of
the Committee who is appointed serves for a term of 4 years. A member may be
reappointed.

5. A vacancy on the Committee must be
filled in the same manner as the original appointment.

6. Each member of the Committee:

(a) Serves without compensation; and

(b) While engaged in the business of the
Committee, is entitled to receive the per diem allowance and travel expenses
provided for state officers and employees generally.

7. Each member of the Committee who is an
officer or employee of the State or a local government must be relieved from
his or her duties without loss of his or her regular compensation to prepare
for and attend meetings of the Committee and perform any work necessary to
carry out the duties of the Committee in the most timely manner practicable. A
state agency or local government shall not require an officer or employee who
is a member of the Committee to make up the time the member is absent from work
to carry out his or her duties as a member, and shall not require the member to
take annual vacation or compensatory time for the absence.

8. The members of the Committee shall meet
at least quarterly and at the times and places specified by a call of the Chair
or a majority of the members of the Committee.

9. Eight members of the Committee
constitute a quorum. The affirmative vote of a majority of the Committee
members present is sufficient for any action of the Committee.

Sec. 78. NRS
439.570 is hereby amended to read as follows:

439.570 1. When the health
authority deems it necessary, the health authority shall report cases of
violation of any of the provisions of this chapter or of provisions of law
requiring the immunization of children in public schools, private schools and
child care facilities, to the district attorney of the county, with a statement
of the facts and circumstances. When any such case is reported to the district
attorney by the health authority, the district attorney shall forthwith
initiate and promptly follow up the necessary court proceedings against the person
or corporation responsible for the alleged violation of law.

2. Upon request of the [Health]
Division, the Attorney General shall assist in the enforcement of the
provisions of this chapter and provisions of law requiring the immunization of
children in public schools, private schools and child care facilities.

Sec. 79. NRS
439.580 is hereby amended to read as follows:

439.580 1. Any local health
officer or a deputy of a local health officer who neglects or fails to enforce
the provisions of this chapter in his or her jurisdiction, or neglects or
refuses to perform any of the duties imposed upon him or her by this chapter or
by the instructions and directions of the [Health]
Division shall be punished by a fine of not more than $250.

2. Each person who violates any of the
provisions of this chapter or refuses or neglects to obey any lawful order,
rule or regulation of the:

(a) State Board of Health or violates any rule or
regulation approved by the State Board of Health pursuant to NRS 439.350,
439.366, 439.410 and 439.460; or

(a) Commits a violation of any provision of NRS
439.800 to 439.890, inclusive, or for any violation for which an administrative
sanction pursuant to NRS 449.163 would otherwise be applicable; and

(b) Of its own volition, reports the violation to
the Administrator,

Κ such a
violation must not be used as the basis for imposing an administrative sanction
pursuant to NRS 449.163.

2. If a medical facility commits a
violation of any provision of NRS 439.800 to 439.890, inclusive, and does not,
of its own volition, report the violation to the Administrator, the [Health]
Division may, in accordance with the provisions of subsection 3, impose an
administrative sanction:

(a) For failure to report a sentinel event, in an
amount not to exceed $100 per day for each day after the date on which the
sentinel event was required to be reported pursuant to NRS 439.835;

(b) For failure to adopt and implement a patient
safety plan pursuant to NRS 439.865, in an amount not to exceed $1,000 for each
month in which a patient safety plan was not in effect; and

(c) For failure to establish a patient safety
committee or failure of such a committee to meet pursuant to the requirements
of NRS 439.875, in an amount not to exceed $2,000 for each violation of that
section.

3. Before the [Health]
Division imposes an administrative sanction pursuant to subsection 2, the [Health]
Division shall provide the medical facility with reasonable notice. The notice
must contain the legal authority, jurisdiction and reasons for the action to be
taken. If a medical facility wants to contest the action, the facility may file
an appeal pursuant to the regulations of the State Board of Health adopted
pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the [Health]
Division shall hold a hearing in accordance with those regulations.

4. An administrative sanction collected
pursuant to this section must be accounted for separately and used by the [Health]
Division to provide training and education to employees of the [Health]
Division, employees of medical facilities and members of the general public
regarding issues relating to the provision of quality and safe health care.

Sec. 80.5. NRS
439.970 is hereby amended to read as follows:

439.970 1. Except as
otherwise provided in chapter 414 of NRS, if a health authority identifies
within its jurisdiction a public health emergency or other health event that is
an immediate threat to the health and safety of the public in a health care
facility or the office of a provider of health care, the health authority shall
immediately transmit to the Governor a report of the immediate threat.

2. Upon receiving a report pursuant to
subsection 1, the Governor shall determine whether a public health emergency or
other health event exists that requires a coordinated response for the health
and safety of the public. If the Governor determines that a public health
emergency or other health event exists that requires such a coordinated
response, the Governor shall issue an executive order:

(a) Stating the nature of the public health
emergency or other health event;

(b) Stating the conditions that have brought
about the public health emergency or other health event, including, without
limitation, an identification of each health care facility or provider of
health care, if any, related to the public health emergency or other health
event;

(c) Stating the estimated duration of the
immediate threat to the health and safety of the public; and

(d) Designating an emergency team comprised of:

(1) The [State Health]Chief Medical Officer
or a person appointed pursuant to subsection 5, as applicable; and

(2) Representatives of state agencies,
divisions, boards and other entities, including, without limitation,
professional licensing boards, with authority by statute to govern or regulate
the health care facilities and providers of health care identified as being
related to the public health emergency or other health event pursuant to
paragraph (b).

3. If additional state agencies,
divisions, boards or other entities are identified during the course of the
response to the public health emergency or other health event as having authority
regarding a health care facility or provider of health care that is related to
the public health emergency or other health event, the Governor shall direct
that agency, division, board or entity to appoint a representative to the
emergency team.

4. The [State Health]Chief Medical Officer
or a person appointed pursuant to subsection 5, as applicable, is the chair of
the emergency team.

5. If the [State Health]Chief Medical Officer
has a conflict of interest relating to a public health emergency or other
health event or is otherwise unable to carry out the
duties prescribed pursuant to NRS 439.950 to 439.983, inclusive, the Director
shall temporarily appoint a person to carry out the duties of the [State
Health] Chief Medical Officer prescribed in NRS 439.950 to 439.983, inclusive,
until such time as the public health emergency or other health event has been
resolved or the [State Health] Chief Medical Officer is able to resume those
duties.

unable to carry out the duties prescribed pursuant to NRS
439.950 to 439.983, inclusive, the Director shall temporarily appoint a person
to carry out the duties of the [State Health]Chief Medical Officer prescribed in NRS
439.950 to 439.983, inclusive, until such time as the public health emergency
or other health event has been resolved or the [State Health]Chief Medical Officer
is able to resume those duties. The person appointed by the Director must meet
the requirements prescribed by [subsection 1 of NRS 439.090.] section 63 of this act.

6. The Governor shall immediately transmit
the executive order to:

(a) The Legislature or, if the Legislature is not
in session, to the Legislative Commission and the Legislative Committee on
Health Care; and

(b) Any person or entity deemed necessary or
advisable by the Governor.

7. The Governor shall declare a public
health emergency or other health event terminated before the estimated duration
stated in the executive order upon a finding that the public health emergency
or other health event no longer poses an immediate threat to the health and
safety of the public. Upon such a finding, the Governor shall notify each
person and entity described in subsection 6.

8. If a public health emergency or other
health event lasts longer than the estimated duration stated in the executive
order, the Governor is not required to reissue an executive order, but shall
notify each person and entity identified in subsection 6.

9. The Attorney General shall provide
legal counsel to the emergency team.

Sec. 81. Chapter
439A of NRS is hereby amended by adding thereto a new section to read as
follows:

Division
means the Division of Public and Behavioral Health of the Department.

Sec. 82. NRS
439A.100 is hereby amended to read as follows:

439A.100 1. Except as
otherwise provided in this section, in a county whose population is less than
100,000, no person may undertake any proposed expenditure for new construction
by or on behalf of a health facility in excess of the greater of $2,000,000 or
such an amount as the Department may specify by regulation, which under
generally accepted accounting principles consistently applied is a capital expenditure,
without first applying for and obtaining the written approval of the Director.
The [Health] Division of Public and Behavioral Health of the
Department shall not issue a new license or alter an existing license for such
a project unless the Director has issued such an approval.

2. The provisions of subsection 1 do not
apply to:

(a) Any capital expenditure for:

(1) The acquisition of land;

(2) The construction of a facility for
parking;

(3) The maintenance of a health facility;

(4) The renovation of a health facility to
comply with standards for safety, licensure, certification or accreditation;

(5) The installation of a system to
conserve energy;

(6) The installation of a system for data
processing or communication; or

(7) Any other project which, in the
opinion of the Director, does not relate directly to the provision of any
health service;

(b) Any project for the development of a health
facility that has received legislative approval and authorization; or

(c) A project for the construction of a hospital
in an unincorporated town if:

(1) The population of the unincorporated
town is more than 24,000;

(2) No other hospital exists in the town;

(3) No other hospital has been approved
for construction or qualified for an exemption from approval for construction
in the town pursuant to this section; and

(4) The unincorporated town is at least a
45-minute drive from the nearest center for the treatment of trauma that is
licensed by the [Health] Division of Public and Behavioral Health of the
Department.

Κ Upon
determining that a project satisfies the requirements for an exemption pursuant
to this subsection, the Director shall issue a certificate which states that
the project is exempt from the requirements of this section.

3. In reviewing an application for
approval, the Director shall:

(a) Comparatively assess applications for similar
projects affecting the same geographic area; and

(b) Base his or her decision on criteria
established by the Director by regulation. The criteria must include:

(1) The need for and the appropriateness
of the project in the area to be served;

(2) The financial feasibility of the
project;

(3) The effect of the project on the cost
of health care; and

(4) The extent to which the project is
consistent with the purposes set forth in NRS 439A.020 and the priorities set
forth in NRS 439A.081.

4. The Department may by regulation
require additional approval for a proposed change to a project which has
previously been approved if the proposal would result in a change in the
location of the project or a substantial increase in the cost of the project.

5. The decision of the Director is a final
decision for the purposes of judicial review.

6. As used in this section, hospital has
the meaning ascribed to it in NRS 449.012.

Sec. 83. NRS
439A.130 is hereby amended to read as follows:

439A.130 As used in NRS 439A.130 to
439A.185, inclusive, and section
81 of this act, the words and terms defined in NRS 439A.135 to
439A.165, inclusive, and section
81 of this act have the meanings ascribed to them in those
sections.

Sec. 84. NRS
439A.135 is hereby amended to read as follows:

439A.135 Administrator means the
Administrator of the [Health] Division.

Sec. 85. NRS
439B.410 is hereby amended to read as follows:

439B.410 1. Except as
otherwise provided in subsection 4, each hospital in this State has an obligation
to provide emergency services and care, including care provided by physicians
and nurses, and to admit a patient where appropriate, regardless of the
financial status of the patient.

2. Except as otherwise provided in
subsection 4, it is unlawful for a hospital or a physician working in a
hospital emergency room to:

(a) Refuse to accept or treat a patient in need
of emergency services and care; or

(b) Except when medically necessary in the
judgment of the attending physician:

(1) Transfer a patient to another hospital
or health facility unless, as documented in the patients records:

(I) A determination has been made
that the patient is medically fit for transfer;

(II) Consent to the transfer has
been given by the receiving physician, hospital or health facility;

(III) The patient has been provided
with an explanation of the need for the transfer; and

(IV) Consent to the transfer has
been given by the patient or the patients legal representative; or

(2) Provide a patient with orders for
testing at another hospital or health facility when the hospital from which the
orders are issued is capable of providing that testing.

3. A physician, hospital or other health
facility which treats a patient as a result of a violation of subsection 2 by a
hospital or a physician working in the hospital is entitled to recover from
that hospital an amount equal to three times the charges for the treatment
provided that was billed by the physician, hospital or other health facility
which provided the treatment, plus reasonable attorneys fees and costs.

4. This section does not prohibit the
transfer of a patient from one hospital to another:

(a) When the patient is covered by an insurance
policy or other contractual arrangement which provides for payment at the
receiving hospital;

(b) After the county responsible for payment for
the care of an indigent patient has exhausted the money which may be
appropriated for that purpose pursuant to NRS 428.050, 428.285 and 450.425; or

(c) When the hospital cannot provide the services
needed by the patient.

Κ No transfer
may be made pursuant to this subsection until the patients condition has been
stabilized to a degree that allows the transfer without an additional risk to
the patient.

5. As used in this section:

(a) Emergency services and care means medical
screening, examination and evaluation by a physician or, to the extent
permitted by a specific statute, by a person under the supervision of a
physician, to determine if an emergency medical condition or active labor
exists and, if it does, the care, treatment and surgery by a physician
necessary to relieve or eliminate the emergency medical condition or active
labor, within the capability of the hospital. As used in this paragraph:

(I) There is inadequate time before
delivery to transfer the patient safely to another hospital; or

(II) A transfer may pose a threat to
the health and safety of the patient or the unborn child.

(2) Emergency medical condition means
the presence of acute symptoms of sufficient severity, including severe pain,
such that the absence of immediate medical attention could reasonably be
expected to result in:

(b) Medically fit means that the condition of
the patient has been sufficiently stabilized so that the patient may be safely
transported to another hospital, or is such that, in the determination of the
attending physician, the transfer of the patient constitutes an acceptable
risk. Such a determination must be based upon the condition of the patient, the
expected benefits, if any, to the patient resulting from the transfer and
whether the risks to the patients health are outweighed by the expected
benefits, and must be documented in the patients records before the transfer.

6. If an allegation of a violation of the
provisions of subsection 2 is made against a hospital licensed pursuant to the
provisions of chapter 449 of NRS, the [Health]
Division of Public and Behavioral
Health of the Department shall conduct an investigation of the
alleged violation. Such a violation, in addition to any criminal penalties that
may be imposed, constitutes grounds for the denial, suspension or revocation of
such a license, or for the imposition of any sanction prescribed by NRS
449.163.

7. If an allegation of a violation of the
provisions of subsection 2 is made against:

(a) A physician licensed to practice medicine
pursuant to the provisions of chapter 630 of NRS, the Board of Medical
Examiners shall conduct an investigation of the alleged violation. Such a
violation, in addition to any criminal penalties that may be imposed,
constitutes grounds for initiating disciplinary action or denying licensure
pursuant to the provisions of subsection 3 of NRS 630.3065.

(b) An osteopathic physician licensed to practice
osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the
State Board of Osteopathic Medicine shall conduct an investigation of the
alleged violation. Such a violation, in addition to any criminal penalties that
may be imposed, constitutes grounds for initiating disciplinary action pursuant
to the provisions of subsection 1 of NRS 633.131.

Sec. 86. NRS
440.110 is hereby amended to read as follows:

440.110 The Administrator of the [Health]
Division of Public and Behavioral
Health of the Department of Health and Human Services is the
State Registrar of Vital Statistics.

Sec. 87. NRS
441A.140 is hereby amended to read as follows:

441A.140 The [Health]
Division of Public and Behavioral
Health of the Department of Health and Human Services may receive
any financial aid made available by any grant or other source and shall use the
aid, in cooperation with the health authority, to carry out the provisions of
this chapter.

Sec. 88. Chapter
442 of NRS is hereby amended by adding thereto the provisions set forth as
sections 89 and 90 of this act.

Sec. 89. As used in this section and NRS 442.740, 442.750 and 442.770
and section 90 of this act, unless the context otherwise requires, the words
and terms defined in NRS 442.740 and section 90 of this act, have the meanings
ascribed to them in those sections.

Sec. 90. Division means the Aging and Disability Services Division
of the Department of Health and Human Services.

Sec. 91. NRS
442.003 is hereby amended to read as follows:

442.003 As used in [this chapter,]NRS 442.003 to 442.700, inclusive,
unless the context requires otherwise:

4. Division means the Division of Public and Behavioral
Health of the Department.

5. Fetal
alcohol syndrome includes fetal alcohol effects.

[5. Health Division means the Health Division
of the Department.]

6. Laboratory has the meaning ascribed
to it in NRS 652.040.

7. Obstetric center has the meaning
ascribed to it in NRS 449.0155.

8. Provider of health care or other
services means:

(a) A clinical alcohol and drug abuse counselor
who is licensed, or an alcohol and drug abuse counselor who is licensed or
certified, pursuant to chapter 641C of NRS;

(b) A physician or a physician assistant who is
licensed pursuant to chapter 630 or 633 of NRS and who practices in the area of
obstetrics and gynecology, family practice, internal medicine, pediatrics or
psychiatry;

(c) A licensed nurse;

(d) A licensed psychologist;

(e) A licensed marriage and family therapist;

(f) A licensed clinical professional counselor;

(g) A licensed social worker;

(h) A licensed dietitian; or

(i) The holder of a certificate of registration
as a pharmacist.

Sec. 92. NRS
442.005 is hereby amended to read as follows:

442.005 The [State Health]Chief Medical Officer
and the [Health] Division shall administer the
provisions of [this chapter]NRS 442.003 to 442.700, inclusive, in
accordance with the regulations of the State Board of Health and subject to
administrative supervision by the Director.

Sec. 93. NRS
442.009 is hereby amended to read as follows:

442.009 1. Except as
otherwise provided in this section, if the State Board of Health requires the [Health]
Division to provide for the services of a laboratory to determine the presence
of certain preventable or inheritable disorders in an infant pursuant to NRS
442.008, the [Health] Division shall contract with a
laboratory in the following order of priority:

(a) The State Public Health Laboratory;

(b) Any other qualified laboratory located within
this State; or

(c) Any qualified laboratory located outside of
this State.

2. The [Health]
Division shall not contract with a laboratory in a lower category of priority
unless the [Health] Division determines that:

(a) A laboratory in a higher category of priority
is not capable of performing all the tests required to determine the presence
of certain preventable or inheritable disorders in an infant pursuant to NRS
442.008; or

(b) The cost to the [Health]
Division to contract with a laboratory in a higher category of priority is not
financially reasonable or exceeds the amount of money available for that
purpose.

3. For the purpose of determining the
category of priority of a laboratory only, the [Health]
Division is not required to comply with any requirement of competitive bidding
or other restriction imposed on the procedure for awarding a contract.

442.120 The Department is hereby
designated as the agency of this State to cooperate, through the [Health]
Division, with the duly constituted federal authorities in the administration
of those parts of the Social Security Act which relate to the maternal and
child health services and the care and treatment of children with special
health care needs, and is authorized to receive and expend all funds made
available to the Department by the Federal Government, the State or its
political subdivisions, or from any other source for the purposes provided in [this
chapter.] NRS
442.003 to 442.700, inclusive.

Sec. 95. NRS
442.160 is hereby amended to read as follows:

442.160 1. The Administrator
of the [Health] Division is the administrative
officer of the [Health] Division with respect to the
administration and enforcement of:

(a) The provisions of NRS 442.130 to 442.170,
inclusive;

(b) The plan formulated and adopted for the
purposes of NRS 442.130 to 442.170, inclusive; and

(c) All regulations necessary thereto and adopted
by the State Board of Health.

2. The Administrator shall administer and
enforce all regulations adopted by the State Board of Health for the efficient
operation of the plan formulated by the State Board of Health and the [Health]
Division for the purposes of NRS 442.130 to 442.170, inclusive.

3. The Administrator shall:

(a) Maintain his or her office in Carson City,
Nevada, or elsewhere in the State as directed by the Director.

(b) Keep in his or her office all records,
reports, papers, books and documents pertaining to the subjects of NRS 442.130
to 442.170, inclusive.

(c) If directed by the terms of the plan or by
the Director, provide such medical, surgical or other services as are necessary
to carry out the provisions of the plan and of NRS 442.130 to 442.170,
inclusive.

4. The Administrator, with the assistance
of the [State Health]Chief Medical Officer, shall make such
reports, in such form and containing such information concerning the subjects
of NRS 442.130 to 442.170, inclusive, as required by the Secretary of Health
and Human Services.

5. The Administrator shall, in accordance
with the rules and regulations of the Secretary of Health and Human Services
and of the Secretary of the Treasury, requisition and cause to be deposited
with the State Treasurer all money allotted to this State by the Federal
Government for the purposes of NRS 442.130 to 442.170, inclusive. The
Administrator shall cause to be paid out of the State Treasury the money
deposited for the purposes of NRS 442.130 to 442.170, inclusive.

Sec. 96. NRS
442.210 is hereby amended to read as follows:

442.210 1. The Administrator
of the [Health] Division shall administer and
enforce the provisions of NRS 442.180 to 442.220, inclusive, and of the plan or
plans formulated and adopted for the purposes of NRS 442.180 to 442.220,
inclusive, and all regulations necessary thereto and adopted by the State Board
of Health.

2. The Administrator shall administer and
enforce all regulations adopted by the State Board of Health for the efficient
operation of such plan or plans formulated by the State Board of Health and the
[Health] Division for the purposes of NRS
442.180 to 442.220, inclusive.

3. The Administrator shall maintain his or
her office in Carson City, Nevada, or elsewhere in the State as directed by the
Director, and keep therein all records, reports, papers, books and documents
pertaining to the subjects of NRS 442.180 to 442.220, inclusive. The
Administrator, when directed by the terms of any plan or plans perfected, or by
the Director, shall provide in such places within the State such medical,
surgical or other agency or agencies as may be necessary to carry out the
provisions of such plan or plans and of NRS 442.180 to 442.220, inclusive. If
the proper medical or surgical services cannot be had within the State for any
child with special health care needs, the Secretary of the State Board of
Health may provide for those services in some other state.

4. The Administrator shall, from time to
time as directed by the Secretary of Health and Human Services, make reports,
in such form and containing such information concerning the subjects of NRS
442.180 to 442.220, inclusive, as the Secretary of Health and Human Services
requires.

5. The Administrator shall from time to
time pursuant to the rules and regulations of the Secretary of Health and Human
Services and of the Secretary of the Treasury, requisition and cause to be
deposited with the State Treasurer all money allotted to this state by the
Federal Government for the purposes of NRS 442.180 to 442.220, inclusive. The
Administrator shall cause to be paid out of the State Treasury the money
therein deposited for the purposes of NRS 442.180 to 442.220, inclusive.

Sec. 97. NRS
442.260 is hereby amended to read as follows:

442.260 1. The [Health]
Division shall adopt and enforce regulations governing the conditions under and
the methods by which abortions may be performed, the reasonable minimum
qualifications of a person authorized to provide the information required in
NRS 442.253, as well as all other aspects pertaining to the performance of
abortions pursuant to NRS 442.250.

2. The [Health]
Division shall adopt and enforce regulations for a system for reporting
abortions. This system must be designed to preserve confidentiality of
information on the identity of women upon whom abortions are performed. The [Health]
Division may require that the following items be reported for each abortion:

(a) The date of the abortion;

(b) The place of the abortion including the city,
county and state;

(c) The type of facility;

(d) The usual residence of the woman, including
the city, county and state;

(e) Her age;

(f) Her ethnic group or race;

(g) Her marital status;

(h) The number of previous live births;

(i) The number of previous induced abortions;

(j) The duration of her pregnancy, as measured
from first day of last normal menses to date of abortion, and as estimated by
uterine size prior to performance of the abortion;

(k) The type of abortion procedure; and

(l) If a woman has had a previously induced
abortion, the information in paragraphs (a) to (k), inclusive, or as much
thereof as can be reasonably obtained, for each previous abortion.

3. The [Health]
Division may adopt regulations to permit studies of individual cases of
abortion, but these studies must not be permitted unless:

(a) Absolute assurance is provided that
confidentiality of information on the persons involved will be preserved;

(b) Informed consent of each person involved in
the study is obtained in writing;

(c) The study is conducted according to
established standards and ethics; and

(d) The study is related to problems of health
and has scientific merit with regard to both design and the importance of the
problems to be solved.

Sec. 98. NRS
442.415 is hereby amended to read as follows:

442.415 The [Health]
Division shall adopt regulations necessary to carry out the provisions of NRS
442.400, 442.405 and 442.410.

Sec. 99. NRS
442.740 is hereby amended to read as follows:

442.740 [As used in NRS 442.740 to
442.770, inclusive, early]Early intervention services has the meaning
ascribed to it in 20 U.S.C. § 1432.

Sec. 100. NRS
442.750 is hereby amended to read as follows:

442.750 1. The [Health]
Division shall ensure that the personnel employed by the [Health]
Division who provide early intervention services to children with autism
spectrum disorders and the persons with whom the [Health]
Division contracts to provide early intervention services to children with
autism spectrum disorders possess the knowledge and skills necessary to serve
children with autism spectrum disorders, including, without limitation:

(a) The screening of a child for autism spectrum
disorder at the age levels and frequency recommended by the American Academy of
Pediatrics, or its successor organization;

(b) The procedure for evaluating children who
demonstrate behaviors that are consistent with autism spectrum disorders, which
procedure must require the use of the statewide standard for measuring outcomes
and assessing and evaluating persons with autism spectrum disorders through the
age of 21 years prescribed pursuant to NRS 427A.872;

(c) The procedure for enrolling a child in early
intervention services upon determining that the child has autism spectrum
disorder;

(d) Methods of providing support to children with
autism spectrum disorders and their families; and

(e) The procedure for developing an
individualized family service plan in accordance with Part C of the Individuals
with Disabilities Education Act, 20 U.S.C. §§ 1431 et seq., or other
appropriate plan for the child.

2. The [Health]
Division shall ensure that the personnel employed by the [Health]
Division to provide early intervention services to children with autism
spectrum disorders and the persons with whom the [Health]
Division contracts to provide early intervention services to children with
autism spectrum disorders:

(a) Possess the knowledge and understanding of
the scientific research and support for the methods and approaches for serving
children with autism spectrum disorders and the ability to recognize the difference
between an approach or method that is scientifically validated and one that is
not;

(b) Possess the knowledge to accurately describe
to parents and guardians the research supporting the methods and approaches,
including, without limitation, the knowledge necessary to provide an
explanation that a method or approach is experimental if it is not supported by
scientific evidence;

(c) Immediately notify a parent or legal guardian
if a child is identified as being at risk for a diagnosis of autism spectrum
disorder and refer the parent or legal guardian to the appropriate
professionals for further evaluation and simultaneously refer the parent or
legal guardian to any appropriate early intervention services and strategies;
and

(d) Provide the parent or legal guardian with
information on evidence-based treatments and interventions that may assist the
child in the childs development and advancement.

3. The [Health]
Division shall ensure that the personnel employed by the [Health]
Division who provide early intervention screenings to children and the persons
with whom the [Health] Division contracts to provide
early intervention screenings to children perform screenings of children for
autism spectrum disorders at the age levels and frequency recommended by the
American Academy of Pediatrics, or its successor organization.

4. The [Health]
Division shall ensure that:

(a) For a child who may have autism spectrum
disorder, the personnel employed by the [Health]
Division who provide early intervention screenings to children and the persons
with whom the [Health] Division contracts to provide
early intervention screenings to children use the protocol designated pursuant
to NRS 427A.872 for determining whether a child has autism spectrum disorder.

(b) An initial evaluation of the cognitive,
communicative, social, emotional and behavioral condition and adaptive skill
level of a child with autism spectrum disorder is conducted to determine the
baseline of the child.

(c) A subsequent evaluation is conducted upon the
childs conclusion of the early intervention services to determine the progress
made by the child from the time of his or her initial screening.

Sec. 101. NRS
442.770 is hereby amended to read as follows:

442.770 For an infant or toddler with a
disability who has autism spectrum disorder and is eligible for early
intervention services, the [Health] Division shall refer the infant
or toddler to the Autism Treatment Assistance Program established by NRS
427A.875 and coordinate with the Program to develop a plan of treatment for the
infant or toddler pursuant to that section.

Sec. 102. Chapter
444 of NRS is hereby amended by adding thereto a new section to read as
follows:

As used in this
chapter, Division means the Division of Public and Behavioral Health of the
Department of Health and Human Services.

Sec. 103. NRS
444.330 is hereby amended to read as follows:

444.330 1. The [Health]
Division has supervision over the sanitation, healthfulness, cleanliness and
safety, as it pertains to the foregoing matters, of the following state
institutions:

(a) Institutions and facilities of the Department
of Corrections.

(b) Northern Nevada Adult Mental Health Services.

(c) Nevada Youth Training Center, Caliente Youth
Center and any other state facility for the detention of children that is
operated pursuant to title 5 of NRS.

(d) Nevada System of Higher Education.

2. The State Board of Health may adopt
regulations pertaining thereto as are necessary to promote properly the
sanitation, healthfulness, cleanliness and, as it pertains to the foregoing
matters, the safety of those institutions.

3. The [State Health]Chief Medical Officer
or an authorized agent of the Officer shall inspect those institutions at least
once each calendar year and whenever he or she deems an
inspection necessary to carry out the provisions of this section.

and whenever he or she deems an inspection necessary to carry
out the provisions of this section. The inspection of any state facility for
the detention of children that is operated pursuant to title 5 of NRS must
include, without limitation, an inspection of all areas where food is prepared
and served, bathrooms, areas used for sleeping, common areas and areas located
outdoors that are used by children at the facility.

4. The [State Health]Chief Medical Officer
shall publish reports of the inspections of any state facility for the
detention of children that is operated pursuant to title 5 of NRS and may
publish reports of the inspections of other state institutions.

5. All persons charged with the duty of
maintenance and operation of the institutions named in this section shall
operate the institutions in conformity with the regulations adopted by the
State Board of Health pursuant to subsection 2.

6. The [State Health]Chief Medical Officer
or an authorized agent of the Officer may, in carrying out the provisions of
this section, enter upon any part of the premises of any of the institutions
named in this section over which he or she has jurisdiction, to determine the
sanitary conditions of the institutions and to determine whether the provisions
of this section and the regulations of the State Board of Health pertaining
thereto are being violated.

Sec. 104. NRS
445A.055 is hereby amended to read as follows:

445A.055 1. The State Board
of Health shall adopt regulations requiring the fluoridation of all water
delivered for human consumption in a county whose population is 700,000 or more
by a:

(a) Public water system that serves a population
of 100,000 or more; or

(b) Water authority.

2. The regulations must include, without
limitation:

(a) The minimum and maximum permissible
concentrations of fluoride to be maintained by such a public water system or a
water authority, except that:

(1) The minimum permissible concentration
of fluoride must not be less than 0.7 parts per million; and

(2) The maximum permissible concentration
of fluoride must not exceed 1.2 parts per million;

(b) The requirements and procedures for
maintaining proper concentrations of fluoride, including any necessary
equipment, testing, recordkeeping and reporting;

(c) Requirements for the addition of fluoride to
the water if the natural concentration of fluorides is lower than the minimum
permissible concentration established pursuant to paragraph (a); and

(d) Criteria pursuant to which the State Board of
Health may exempt a public water system or water authority from the requirement
of fluoridation upon the request of the public water system or water authority.

3. The State Board of Health shall not
require the fluoridation of:

(a) The wells of a public water system or water
authority if:

(1) The groundwater production of the
public water system or water authority is less than 15 percent of the total
average annual water production of the system or authority for the years in
which drought conditions are not prevalent; and

(2) The wells are part of a combined
regional and local system for the distribution of water that is served by a
fluoridated source.

(1) During an emergency or period of
routine maintenance, if the wells of the system or authority are exempt from
fluoridation pursuant to paragraph (a) and the supplier of water determines
that it is necessary to change the production of the system or authority from
surface water to groundwater because of an emergency or for purposes of routine
maintenance; or

(2) If the natural water supply of the
system or authority contains fluoride in a concentration that is at least equal
to the minimum permissible concentration established pursuant to paragraph (a)
of subsection 2.

4. The State Board of Health may make an
exception to the minimum permissible concentration of fluoride to be maintained
in a public water system or water authority based on:

(a) The climate of the regulated area;

(b) The amount of processed water purchased by
the residents of the regulated area; and

(c) Any other factor that influences the amount
of public water that is consumed by the residents of the regulated area.

5. The [Health]
Division [of the Department of Health and Human Services]
shall make reasonable efforts to secure any available sources of financial
support, including, without limitation, grants from the Federal Government, for
the enforcement of the standards established pursuant to this section and any
related capital improvements.

6. A public water system or water
authority may submit to the [Health] Division a claim for payment of
the initial costs of the public water system or water authority to begin
complying with the provisions of this section regardless of whether the public
water system or water authority is required to comply with those provisions.
The Administrator of the [Health] Division may approve such claims
to the extent of legislative appropriations and any other money available for
that purpose. Approved claims must be paid as other claims against the State
are paid. The ongoing operational expenses of a public water system or water
authority in complying with the provisions of this section are not compensable
pursuant to this subsection.

7. As used in this section:

(a) Division
means the Division of Public and Behavioral Health of the Department of Health
and Human Services.

(b) Supplier
of water has the meaning ascribed to it in NRS 445A.845.

[(b)](c) Water authority has the meaning
ascribed to it in NRS 377B.040.

Sec. 105. NRS
446.050 is hereby amended to read as follows:

446.050 Health authority means the
officers and agents of the [Health] Division of Public and Behavioral Health of the
Department of Health and Human Services, or the officers and agents of the
local boards of health.

Sec. 106. NRS
446.057 is hereby amended to read as follows:

446.057 Potentially hazardous food has
the meaning ascribed to it in subpart 1-201 of the 1999 edition of the Food
Code published by the Food and Drug Administration of the United States
Department of Health and Human Services, unless the Administrator of the [Health]
Division of Public and Behavioral
Health of the Department of Health and Human Services has adopted
a later edition of the Food Code for this purpose.

Sec. 107. Chapter
449 of NRS is hereby amended by adding thereto a new section to read as
follows:

Division
means the Division of Public and Behavioral Health of the Department of Health
and Human Services.

Sec. 108. NRS
449.001 is hereby amended to read as follows:

449.001 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 449.0015 to
449.0195, inclusive, and section
107 of this act have the meanings ascribed to them in those
sections.

Sec. 109. NRS
449.00455 is hereby amended to read as follows:

449.00455Facility for the
treatment of abuse of alcohol or drugs means any public or private
establishment which provides residential treatment, including mental and
physical restoration, of abusers of alcohol or drugs and which is certified by
the Division [of Mental Health and Developmental Services of the Department
of Health and Human Services] pursuant to subsection 4 of
NRS 458.025. It does not include a medical facility or services offered by
volunteers or voluntary organizations.

Sec. 110. NRS
449.0306 is hereby amended to read as follows:

449.0306 1. Money received
from licensing medical facilities and facilities for the dependent must be
forwarded to the State Treasurer for deposit in the State General Fund.

2. The [Health]
Division shall enforce the provisions of NRS 449.030 to 449.245, inclusive, and
may incur any necessary expenses not in excess of money appropriated for that
purpose by the State or received from the Federal Government.

Sec. 111. NRS
449.0307 is hereby amended to read as follows:

449.0307 The [Health]
Division may:

1. Upon receipt of an application for a
license, conduct an investigation into the premises, facilities, qualifications
of personnel, methods of operation, policies and purposes of any person
proposing to engage in the operation of a medical facility or a facility for
the dependent. The facility is subject to inspection and approval as to
standards for safety from fire, on behalf of the [Health]
Division, by the State Fire Marshal.

2. Upon receipt of a complaint against a
medical facility or facility for the dependent, except for a complaint
concerning the cost of services, conduct an investigation into the premises,
facilities, qualifications of personnel, methods of operation, policies,
procedures and records of that facility or any other medical facility or
facility for the dependent which may have information pertinent to the
complaint.

3. Employ such professional, technical and
clerical assistance as it deems necessary to carry out the provisions of NRS
449.030 to 449.245, inclusive.

Sec. 112. NRS
449.0308 is hereby amended to read as follows:

449.0308 1. Except as
otherwise provided in this section, the [Health]
Division may charge and collect from a medical facility or facility for the
dependent or a person who operates such a facility without a license issued by
the [Health] Division the actual costs
incurred by the [Health] Division for the enforcement of
the provisions of NRS 449.030 to 449.240, inclusive, including, without
limitation, the actual cost of conducting an inspection or investigation of the
facility.

2. The [Health]
Division shall not charge and collect the actual cost for enforcement pursuant
to subsection 1 if the enforcement activity is:

(a) Related to the issuance or renewal of a
license for which the Board charges a fee pursuant to NRS 449.050 or 449.089;
or

(b) Conducted pursuant to an agreement with the
Federal Government which has appropriated money for that purpose.

3. Any money collected pursuant to
subsection 1 may be used by the [Health] Division to administer and carry
out the provisions of NRS 449.030 to 449.240, inclusive, and the regulations
adopted pursuant thereto.

Sec. 113. NRS
449.040 is hereby amended to read as follows:

449.040 Any person, state or local
government or agency thereof desiring a license under the provisions of NRS
449.030 to 449.240, inclusive, must file with the [Health]
Division an application on a form prescribed, prepared and furnished by the [Health]
Division, containing:

1. The name of the applicant and, if a
natural person, whether the applicant has attained the age of 21 years.

2. The type of facility to be operated.

3. The location of the facility.

4. In specific terms, the nature of
services and type of care to be offered, as defined in the regulations.

5. The number of beds authorized by the
Director of the Department of Health and Human Services or, if such
authorization is not required, the number of beds the facility will contain.

6. The name of the person in charge of the
facility.

7. Such other information as may be
required by the [Health] Division for the proper
administration and enforcement of NRS 449.030 to 449.240, inclusive.

8. Evidence satisfactory to the [Health]
Division that the applicant is of reputable and responsible character. If the
applicant is a firm, association, organization, partnership, business trust,
corporation or company, similar evidence must be submitted as to the members
thereof, and the person in charge of the facility for which application is
made. If the applicant is a political subdivision of the State or other
governmental agency, similar evidence must be submitted as to the person in charge
of the institution for which application is made.

9. Evidence satisfactory to the [Health]
Division of the ability of the applicant to comply with the provisions of NRS
449.030 to 449.240, inclusive, and the standards and regulations adopted by the
Board.

10. Evidence satisfactory to the [Health]
Division that the facility conforms to the zoning regulations of the local
government within which the facility will be operated or that the applicant has
applied for an appropriate reclassification, variance, permit for special use
or other exception for the facility.

11. If the facility to be licensed is a
residential establishment as defined in NRS 278.02384, and if the residential
establishment is subject to the distance requirements set forth in subsection 3
of NRS 278.02386, evidence satisfactory to the [Health]
Division that the residential establishment will be located and operated in
accordance with the provisions of that subsection.

Sec. 114. NRS
449.050 is hereby amended to read as follows:

449.050 1. Each application
for a license must be accompanied by such fee as may be determined by
regulation of the Board. The Board may, by regulation, allow or require payment
of a fee for a license in installments and may fix the amount of each payment
and the date that the payment is due.

2. The fee imposed by the Board for a
facility for transitional living for released offenders must be based on the
type of facility that is being licensed and must be calculated to produce the
revenue estimated to cover the costs related to the license, but in no case may
a fee for a license exceed the actual cost to the [Health]
Division of issuing or renewing the license.

3. If an application for a license for a
facility for transitional living for released offenders is denied, any amount
of the fee paid pursuant to this section that exceeds the expenses and costs
incurred by the [Health] Division must be refunded to the
applicant.

Sec. 115. NRS
449.065 is hereby amended to read as follows:

449.065 1. Except as
otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for
intermediate care, facility for skilled nursing, residential facility for
groups, home for individual residential care, agency to provide personal care
services in the home and agency to provide nursing in the home shall, when
applying for a license or renewing a license, file with the Administrator of
the [Health] Division a surety bond:

(a) If the facility, agency or home employs less
than 7 employees, in the amount of $5,000;

(b) If the facility, agency or home employs at
least 7 but not more than 25 employees, in the amount of $25,000; or

(c) If the facility, agency or home employs more
than 25 employees, in the amount of $50,000.

2. A bond filed pursuant to this section
must be executed by the facility, agency or home as principal and by a surety
company as surety. The bond must be payable to the Aging and Disability
Services Division of the Department of Health and Human Services and must be
conditioned to provide indemnification to an older patient who the Specialist
for the Rights of Elderly Persons determines has suffered property damage as a
result of any act or failure to act by the facility, agency or home to protect
the property of the older patient.

3. Except when a surety is released, the
surety bond must cover the period of the initial license to operate or the
period of the renewal, as appropriate.

4. A surety on any bond filed pursuant to
this section may be released after the surety gives 30 days written notice to
the Administrator of the [Health] Division, but the release does
not discharge or otherwise affect any claim filed by an older patient for
property damaged as a result of any act or failure to act by the facility,
agency or home to protect the property of the older patient alleged to have
occurred while the bond was in effect.

5. A license is suspended by operation of
law when the facility, agency or home is no longer covered by a surety bond as
required by this section or by a substitute for the surety bond pursuant to NRS
449.067. The Administrator of the [Health]
Division shall give the facility, agency or home at least 20 days written
notice before the release of the surety or the substitute for the surety, to
the effect that the license will be suspended by operation of law until another
surety bond or substitute for the surety bond is filed in the same manner and
amount as the bond or substitute being terminated.

6. The Administrator of the [Health]
Division may exempt a residential facility for groups or a home for individual
residential care from the requirement of filing a surety
bond pursuant to this section if the Administrator determines that the
requirement would result in undue hardship to the residential facility for
groups or home for individual residential care.

requirement of filing a surety bond pursuant to this section
if the Administrator determines that the requirement would result in undue
hardship to the residential facility for groups or home for individual
residential care.

7. The requirement of filing a surety bond
set forth in this section does not apply to a facility for intermediate care,
facility for skilled nursing, residential facility for groups, home for
individual residential care, agency to provide personal care services in the
home or agency to provide nursing in the home that is operated and maintained
by the State of Nevada or an agency thereof.

8. As used in this section, older
patient means a patient who is 60 years of age or older.

Sec. 116. NRS
449.160 is hereby amended to read as follows:

449.160 1. The [Health]
Division may deny an application for a license or may suspend or revoke any
license issued under the provisions of NRS 449.030 to 449.240, inclusive, upon
any of the following grounds:

(a) Violation by the applicant or the licensee of
any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, or of
any other law of this State or of the standards, rules and regulations adopted
thereunder.

(b) Aiding, abetting or permitting the commission
of any illegal act.

(c) Conduct inimical to the public health,
morals, welfare and safety of the people of the State of Nevada in the
maintenance and operation of the premises for which a license is issued.

(d) Conduct or practice detrimental to the health
or safety of the occupants or employees of the facility.

(e) Failure of the applicant to obtain written
approval from the Director of the Department of Health and Human Services as
required by NRS 439A.100 or as provided in any regulation adopted pursuant to
this chapter, if such approval is required.

(f) Failure to comply with the provisions of NRS
449.2486.

2. In addition to the provisions of
subsection 1, the [Health] Division may revoke a license to
operate a facility for the dependent if, with respect to that facility, the
licensee that operates the facility, or an agent or employee of the licensee:

(a) Is convicted of violating any of the
provisions of NRS 202.470;

(b) Is ordered to but fails to abate a nuisance
pursuant to NRS 244.360, 244.3603 or 268.4124; or

(c) Is ordered by the appropriate governmental
agency to correct a violation of a building, safety or health code or
regulation but fails to correct the violation.

3. The [Health]
Division shall maintain a log of any complaints that it receives relating to
activities for which the [Health] Division may revoke the license
to operate a facility for the dependent pursuant to subsection 2. The [Health]
Division shall provide to a facility for the care of adults during the day:

(a) A summary of a complaint against the facility
if the investigation of the complaint by the [Health]
Division either substantiates the complaint or is inconclusive;

(b) A report of any investigation conducted with
respect to the complaint; and

Κ The facility
shall make the information available to the public pursuant to NRS 449.2486.

4. On or before February 1 of each
odd-numbered year, the [Health] Division shall submit to the
Director of the Legislative Counsel Bureau a written report setting forth, for
the previous biennium:

(a) Any complaints included in the log maintained
by the [Health] Division pursuant to subsection
3; and

(b) Any disciplinary actions taken by the [Health]
Division pursuant to subsection 2.

Sec. 117. NRS
449.163 is hereby amended to read as follows:

449.163 1. In addition to the
payment of the amount required by NRS 449.0308, if a medical facility or
facility for the dependent violates any provision related to its licensure,
including any provision of NRS 439B.410 or 449.030 to 449.240, inclusive, or
any condition, standard or regulation adopted by the Board, the [Health]
Division, in accordance with the regulations adopted pursuant to NRS 449.165,
may:

(a) Prohibit the facility from admitting any
patient until it determines that the facility has corrected the violation;

(b) Limit the occupancy of the facility to the
number of beds occupied when the violation occurred, until it determines that
the facility has corrected the violation;

(c) If the license of the facility limits the occupancy
of the facility and the facility has exceeded the approved occupancy, require
the facility, at its own expense, to move patients to another facility that is
licensed;

(d) Impose an administrative penalty of not more
than $1,000 per day for each violation, together with interest thereon at a
rate not to exceed 10 percent per annum; and

(e) Appoint temporary management to oversee the
operation of the facility and to ensure the health and safety of the patients
of the facility, until:

(1) It determines that the facility has
corrected the violation and has management which is capable of ensuring
continued compliance with the applicable statutes, conditions, standards and
regulations; or

(2) Improvements are made to correct the
violation.

2. If a violation by a medical facility or
facility for the dependent relates to the health or safety of a patient, an
administrative penalty imposed pursuant to paragraph (d) of subsection 1 must
be in a total amount of not less than $1,000 and not more than $10,000 for each
patient who was harmed or at risk of harm as a result of the violation.

3. If the facility fails to pay any
administrative penalty imposed pursuant to paragraph (d) of subsection 1, the [Health]
Division may:

(a) Suspend the license of the facility until the
administrative penalty is paid; and

4. The [Health]
Division may require any facility that violates any provision of NRS 439B.410
or 449.030 to 449.240, inclusive, or any condition, standard or regulation
adopted by the Board to make any improvements necessary to correct the
violation.

5. Any money collected as administrative
penalties pursuant to paragraph (d) of subsection 1 must be accounted for
separately and used to administer and carry out the provisions of this chapter
and to protect the health, safety, well-being and
property of the patients and residents of facilities in accordance with
applicable state and federal standards.

health, safety, well-being and property of the patients and
residents of facilities in accordance with applicable state and federal
standards.

Sec. 118. NRS
449.201 is hereby amended to read as follows:

449.201 Each alcohol and drug abuse
program operated or provided by a facility for transitional living for released
offenders must be certified by the Division [of Mental Health and
Developmental Services of the Department of Health and Human Services]
in accordance with the requirements set forth in chapter 458 of NRS and any
regulations adopted pursuant thereto. As used in this section, alcohol and
drug abuse program has the meaning ascribed to it in NRS 458.010.

Sec. 119. NRS
449.210 is hereby amended to read as follows:

449.210 1. In addition to the
payment of the amount required by NRS 449.0308, except as otherwise provided in
subsection 2 and NRS 449.24897, a person who operates a medical facility or
facility for the dependent without a license issued by the [Health]
Division is guilty of a misdemeanor.

2. In addition to the payment of the
amount required by NRS 449.0308, if a person operates a residential facility
for groups or a home for individual residential care without a license issued
by the [Health] Division, the [Health]
Division shall:

(a) Impose a civil penalty on the operator in the
following amount:

(1) For a first offense, $10,000.

(2) For a second offense, $25,000.

(3) For a third or subsequent offense,
$50,000.

(b) Order the operator, at the operators own
expense, to move all of the persons who are receiving services in the
residential facility for groups or home for individual residential care to a
residential facility for groups or home for individual residential care, as
applicable, that is licensed.

(c) Prohibit the operator from applying for a
license to operate a residential facility for groups or home for individual
residential care, as applicable. The duration of the period of prohibition must
be:

(1) For 6 months if the operator is
punished pursuant to subparagraph (1) of paragraph (a).

(2) For 1 year if the operator is punished
pursuant to subparagraph (2) of paragraph (a).

(3) Permanent if the operator is punished
pursuant to subparagraph (3) of paragraph (a).

3. Before the [Health]
Division imposes an administrative sanction pursuant to subsection 2, the [Health]
Division shall provide the operator of a residential facility for groups with
reasonable notice. The notice must contain the legal authority, jurisdiction
and reasons for the action to be taken. If the operator of a residential
facility for groups wants to contest the action, the operator may file an
appeal pursuant to the regulations of the State Board of Health adopted
pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the [Health]
Division shall hold a hearing in accordance with those regulations. For the
purpose of this subsection, it is no defense to the violation of operating a
residential facility for groups without a license that the operator thereof
subsequently licensed the facility in accordance with law.

4. Unless otherwise required by federal
law, the [Health] Division shall deposit all civil
penalties collected pursuant to paragraph (a) of subsection 2 into a separate
account in the State General Fund to be used to administer and carry out the
provisions of this chapter and to protect the health, safety, well-being and property of the patients and residents of
facilities and homes for individual residential care in accordance with
applicable state and federal standards.

well-being and property of the patients and residents of
facilities and homes for individual residential care in accordance with
applicable state and federal standards.

Sec. 120. Chapter
450B of NRS is hereby amended by adding thereto a new section to read as
follows:

Division
means the Division of Public and Behavioral Health of the Department of Health
and Human Services.

Sec. 121. NRS
450B.020 is hereby amended to read as follows:

450B.020 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 450B.025 to
450B.110, inclusive, and section
120 of this act have the meanings ascribed to them in those
sections.

Sec. 122. NRS
450B.1505 is hereby amended to read as follows:

450B.1505 1. Any money the [Health]
Division receives from a fee set by the State Board of Health pursuant to NRS
439.150 for the issuance or renewal of a license pursuant to NRS 450B.160, an
administrative penalty imposed pursuant to NRS 450B.900 or an appropriation
made by the Legislature for the purposes of training related to emergency
medical services:

(a) Must be deposited in the State Treasury and
accounted for separately in the State General Fund;

(b) May be used only to carry out a training
program for emergency medical services personnel who work for a volunteer
ambulance service or firefighting agency, including, without limitation,
equipment for use in the training; and

(c) Does not revert to the State General Fund at the
end of any fiscal year.

2. Any interest or income earned on the
money in the account must be credited to the account. Any claims against the
account must be paid in the manner that other claims against the State are
paid.

3. The Administrator of the [Health]
Division shall administer the account.

Sec. 123. Chapter
452 of NRS is hereby amended by adding thereto a new section to read as
follows:

Division
means the Division of Public and Behavioral Health of the Department of Health
and Human Services.

Sec. 124. NRS
452.003 is hereby amended to read as follows:

452.003 As used in NRS 452.001 to 452.610,
inclusive, and section 123 of this
act, unless the context otherwise requires, the words and terms
defined in NRS 452.004 to 452.019, inclusive, and section 123 of this act have the meanings
ascribed to them in those sections.

Sec. 125. NRS
452.230 is hereby amended to read as follows:

452.230 1. Except as provided
in subsection 2 of NRS 452.210, the [Health]
Division shall have supervisory control over the construction of any mausoleum,
vault or crypt, and shall:

(a) See that the approved plans and
specifications are in all respects complied with.

(b) Appoint an inspector under whose supervision
the mausoleum, vault or crypt shall be erected.

(c) Determine the amount of compensation of the
inspector. The compensation shall be paid by the person erecting such
mausoleum, vault or crypt.

2. No departure or deviation from the
original plans and specifications is permitted except upon approval of the [Health]
Division, evidenced in the same manner as the approval of the original plans
and specifications.

3. A mausoleum, vault, crypt or structure
shall not be used to hold any dead body until a final certificate is obtained
indicating compliance with the plans and specifications as filed. The
certificate must be signed either by the [State Health]Chief Medical Officer
for the [Health] Division or by the head of the
local building or public works department, depending upon which division or
department supervised the construction under NRS 452.210.

Sec. 126. NRS
453.580 is hereby amended to read as follows:

453.580 1. A court may
establish an appropriate treatment program to which it may assign a person
pursuant to subsection 4 of NRS 453.336, NRS 453.3363 or 458.300, or it may
assign such a person to an appropriate facility for the treatment of abuse of
alcohol or drugs which is certified by the Division of [Mental Health and
Developmental Services]Public and Behavioral Health of the
Department. The assignment must include the terms and conditions for successful
completion of the program and provide for progress reports at intervals set by
the court to ensure that the person is making satisfactory progress toward
completion of the program.

2. A program to which a court assigns a
person pursuant to subsection 1 must include:

(a) Information and encouragement for the
participant to cease abusing alcohol or using controlled substances through
educational, counseling and support sessions developed with the cooperation of
various community, health, substance abuse, religious, social service and youth
organizations;

(b) The opportunity for the participant to
understand the medical, psychological and social implications of substance
abuse; and

(c) Alternate courses within the program based on
the different substances abused and the addictions of participants.

3. If the offense with which the person
was charged involved the use or possession of a controlled substance, in
addition to the program or as a part of the program, the court must also
require frequent urinalysis to determine that the person is not using a
controlled substance. The court shall specify how frequent such examinations
must be and how many must be successfully completed, independently of other
requisites for successful completion of the program.

4. Before the court assigns a person to a
program pursuant to this section, the person must agree to pay the cost of the
program to which the person is assigned and the cost of any additional
supervision required pursuant to subsection 3, to the extent of the financial
resources of the person. If the person does not have the financial resources to
pay all of the related costs, the court shall, to the extent practicable,
arrange for the person to be assigned to a program at a facility that receives
a sufficient amount of federal or state funding to offset the remainder of the
costs.

Sec. 127. NRS
453A.090 is hereby amended to read as follows:

453A.090 Division means the [Health]
Division of Public and Behavioral
Health of the Department of Health and Human Services.

Sec. 128. NRS
453A.730 is hereby amended to read as follows:

453A.730 1. Any money the
Administrator of the Division receives pursuant to NRS 453A.720 or that is
appropriated to carry out the provisions of this chapter:

(a) Must be deposited in the State Treasury and
accounted for separately in the State General Fund;

(b) May only be used to carry out:

(1) The provisions of this chapter,
including the dissemination of information concerning the provisions of this
chapter and such other information as determined appropriate by the
Administrator; and

(2) Alcohol and drug abuse programs
pursuant to NRS 458.094; and

(c) Does not revert to the State General Fund at
the end of any fiscal year.

2. [TheAdministrator of the Division may
transfermoney in the account created
pursuant to subsection 1 that is not needed to carry out this chapterto the Division of Mental Health and
Developmental Services of the Department of Health and Human Services for use
by an agency of that Division which provides services for the treatment and
prevention of substance abuse. The money transferred pursuant to this
subsection must be used for the provision of
alcohol and drug abuse programs in accordance with NRS 458.094.

3.] The
Administrator of the Division shall administer the account. Any interest or
income earned on the money in the account must be credited to the account. Any
claims against the account must be paid as other claims against the State are
paid.

Sec. 129. NRS
457.020 is hereby amended to read as follows:

457.020 As used in this chapter, unless
the context requires otherwise:

1. Cancer means all malignant neoplasms,
regardless of the tissue of origin, including malignant lymphoma and leukemia.

2. Division means the Division of Public and Behavioral
Health of the Department of Health and Human Services.

3. Health
care facility has the meaning ascribed to it in NRS 162A.740 and also includes
freestanding facilities for plastic reconstructive, oral and maxillofacial
surgery.

[3. Health Division means the Health Division
of the Department of Health and Human Services.]

Sec. 130. NRS
457.185 is hereby amended to read as follows:

457.185 1. The [Health]
Division shall grant or deny an application for a certificate of authorization
to operate a radiation machine for mammography or a certificate of
authorization for a radiation machine for mammography within 4 months after receipt
of a complete application.

2. The [Health]
Division shall withdraw the certificate of authorization to operate a radiation
machine for mammography if it finds that the person violated the provisions of
subsection 6 of NRS 457.183.

3. The [Health]
Division shall deny or withdraw the certificate of authorization of a radiation
machine for mammography if it finds that the owner, lessee or other responsible
person violated the provisions of subsection 1 of NRS 457.184.

4. If a certificate of authorization to
operate a radiation machine for mammography or a certificate of authorization
for a radiation machine for mammography is withdrawn, a person must apply for
the certificate in the manner provided for an initial certificate.

Sec. 131. NRS
458.010 is hereby amended to read as follows:

458.010 As used in NRS 458.010 to 458.350,
inclusive, unless the context requires otherwise:

3. Alcohol and drug abuser means a
person whose consumption of alcohol or other drugs, or any combination thereof,
interferes with or adversely affects the ability of the person to function
socially or economically.

4. Alcoholic means any person who
habitually uses alcoholic beverages to the extent that the person endangers the
health, safety or welfare of himself or herself or any other person or group of
persons.

5. Civil protective custody means a
custodial placement of a person to protect the health or safety of the person.
Civil protective custody does not have any criminal implication.

6. Detoxification technician means a
person who is certified by the Division to provide screening for the safe
withdrawal from alcohol and other drugs.

7. Division means the Division of [Mental
Health and Developmental Services]Public and Behavioral Health of the Department
of Health and Human Services.

8. Facility means a physical structure
used for the education, prevention and treatment, including mental and physical
restoration, of alcohol and drug abusers.

Sec. 131.5. NRS
458.094 is hereby amended to read as follows:

458.094 [1.] The
Division shall use any money [transferred pursuant to NRS 453A.730]not needed to carry out the provisions
chapter 453A of NRS to provide alcohol and drug abuse programs to
persons referred to the Division by agencies which provide child welfare
services[.

2. Money
received pursuant to NRS 453A.730 must be accounted for separately by the
Division.] as
authorized pursuant to NRS 453A.730.

Sec. 131.7. NRS
458.103 is hereby amended to read as follows:

458.103 The Division may accept:

1. Money appropriated and made available
by any act of Congress for any alcohol and drug abuse program administered by
the Division as provided by law.

2. Money appropriated and made available
by the State of Nevada or by a county, a city, a public district or any
political subdivision of this State for any alcohol and drug abuse program
administered by the Division as provided by law.

[3. Money transferred pursuant to NRS 453A.730
for the provision of alcohol and drug abuse programs in accordance with NRS
458.094.]

Sec. 132. NRS
459.010 is hereby amended to read as follows:

459.010 As used in NRS 459.010 to 459.290,
inclusive, unless the context requires otherwise:

1. By-product material means:

(a) Any radioactive material, except special
nuclear material, yielded in or made radioactive by exposure to the radiation
incident to the process of producing or making use of special nuclear material;
and

(b) The tailings or wastes produced by the
extraction or concentration of uranium or thorium from any ore which is
processed primarily for the extraction of the uranium or thorium.

2. Division means the Division of Public and Behavioral
Health of the Department of Health and Human Services.

3. General
license means a license effective pursuant to regulations adopted by the State
Board of Health without the filing of an application to transfer, acquire, own,
possess or use quantities of, or devices or equipment for utilizing, by-product
material, source material, special nuclear material or other radioactive
material occurring naturally or produced artificially.

[3. Health Division means the Health Division
of the Department of Health and Human Services.]

4. Ionizing radiation means gamma rays
and X rays, alpha and beta particles, high-speed electrons, neutrons, protons
and other nuclear particles, but not sound or radio waves, or visible, infrared
or ultraviolet light.

5. Person includes any agency or
political subdivision of this State, any other state or the United States, but
not the Nuclear Regulatory Commission or its successor, or any federal agency
licensed by the Nuclear Regulatory Commission or any successor to such a
federal agency.

6. Source material means:

(a) Uranium, thorium or any other material which
the Governor declares by order to be source material after the Nuclear
Regulatory Commission or any successor thereto has determined that material to
be source material.

(b) Any ore containing one or more of the
materials enumerated in paragraph (a) in such concentration as the Governor
declares by order to be source material after the Nuclear Regulatory Commission
or any successor thereto has determined the material in the concentration to be
source material.

7. Special nuclear material means:

(a) Plutonium, uranium 233, uranium enriched in
the isotope 233 or in the isotope 235 and any other material which the Governor
declares by order to be special nuclear material after the Nuclear Regulatory
Commission or any successor thereto has determined such material to be special
nuclear material, but does not include source material.

(b) Any material artificially enriched by any of
the materials enumerated in paragraph (a), but does not include source
material.

8. Specific license means a license
issued pursuant to the filing of an application to use, manufacture, produce,
transfer, receive, acquire, own or possess quantities of, or devices or
equipment for utilizing, by-product material, source material, special nuclear
material or other radioactive material occurring naturally or produced
artificially.

Sec. 133. NRS
459.310 is hereby amended to read as follows:

459.310 1. The State Board of
Health may establish by regulation:

(a) Fees for licensing, monitoring, inspecting or
otherwise regulating mills or other operations for the concentration, recovery
or refining of uranium, which must be in amounts which are reasonably related
to the cost of licensing, monitoring, inspecting and regulating. Payment of the
fees is the responsibility of the person applying for a license or licenses to
engage in uranium concentration, recovery or refining.

(b) Fees for the care and maintenance of
radioactive tailings and residues at inactive uranium concentration, recovery
or refining sites. The fees must be based on a unit fee for each pound of
uranium oxide produced in the process which also produced the tailings or
residue. Payment of the fees is the responsibility of the
person licensed to engage in uranium concentration, recovery or refining.

the responsibility of the person licensed to engage in
uranium concentration, recovery or refining. The regulations must provide for a
maximum amount to be paid for each operation.

(c) A requirement for persons licensed by the
State to engage in uranium concentration, recovery or refining to post adequate
bonds or other security to cover costs of decontaminating, decommissioning and
reclaiming the sites used for concentrating, recovering or refining uranium if
the licensee abandons the site or neglects or refuses to satisfy the
requirements of the State. The State Board of Health shall determine the amount
of the security. The amount of the security may be reviewed by the Board from
time to time and may be increased or decreased as the board deems appropriate.
The security must be administered by the Administrator of the [Health]
Division[,]of Public and Behavioral Health of
the Department of Health and Human Services, who shall use the
security as required to protect the public health, safety and property.

2. The money received pursuant to
paragraph (a) of subsection 1 must be deposited in the State Treasury for
credit to the Fund for Licensing of Uranium Mills, which is hereby created as a
special revenue fund, for the purpose of defraying the cost of licensing,
monitoring, inspecting or otherwise regulating mills or other operations for
the concentration, recovery or refining of uranium. The money received pursuant
to paragraph (b) of subsection 1 must be deposited in the State Treasury for
credit to the Fund for Care of Uranium Tailings, which is hereby created as a
special revenue fund, for the purpose of the care and maintenance of
radioactive tailings and residues accumulated at inactive uranium
concentration, recovery or refining sites to protect the public health, safety
and property. All interest earned on the deposit or investment of the money in
the Fund for Care of Uranium Tailings must be credited to that Fund. The
Administrator of the [Health] Division of Public and Behavioral Health shall
administer both Funds. Claims against either Fund, approved by the [State
Health]Chief
Medical Officer, must be paid as other claims against the State
are paid.

Sec. 134. NRS
608.255 is hereby amended to read as follows:

608.255 For the purposes of this chapter
and any other statutory or constitutional provision governing the minimum wage
paid to an employee, the following relationships do not constitute employment
relationships and are therefore not subject to those provisions:

1. The relationship between a
rehabilitation facility or workshop established by the Department of
Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an
individual with a disability who is participating in a training or
rehabilitative program of such a facility or workshop.

2. The relationship between a provider of
jobs and day training services which is recognized as exempt pursuant to the
provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by
the Division of [Mental Health and Developmental Services]Public and Behavioral Health of
the Department of Health and Human Services pursuant to NRS 435.130 to 435.310,
inclusive, and a person with mental retardation or person with related
conditions participating in a jobs and day training services program.

Sec. 135. NRS
616A.205 is hereby amended to read as follows:

616A.205 Volunteer workers at a facility
for inpatients of the Division of [Mental Health and
Developmental Services]Public and Behavioral Health of the Department
of Health and Human Services, while acting under the
direction or authorization of the supervisor of volunteer services of such a
facility, shall be deemed, for the purpose of chapters 616A to 616D, inclusive,
of NRS, employees of the facility, receiving a wage of $350 per month, and are
entitled to the benefits of those chapters upon compliance therewith by the
facility.

the direction or authorization of the supervisor of volunteer
services of such a facility, shall be deemed, for the purpose of chapters 616A
to 616D, inclusive, of NRS, employees of the facility, receiving a wage of $350
per month, and are entitled to the benefits of those chapters upon compliance
therewith by the facility.

Sec. 136. NRS
630.262 is hereby amended to read as follows:

630.262 1. Except as
otherwise provided in NRS 630.161, the Board may issue an authorized facility
license to a person who intends to practice medicine in this State as a
psychiatrist in a mental health center of the Division under the direct
supervision of a psychiatrist who holds an unrestricted license to practice
medicine pursuant to this chapter or to practice osteopathic medicine pursuant
to chapter 633 of NRS.

2. A person who applies for an authorized
facility license pursuant to this section is not required to take or pass a
written examination as to his or her qualifications to practice medicine
pursuant to paragraph (e) of subsection 2 of NRS 630.160, but the person must
meet all other conditions and requirements for an unrestricted license to
practice medicine pursuant to this chapter.

3. If the Board issues an authorized
facility license pursuant to this section, the person who holds the license may
practice medicine in this State only as a psychiatrist in a mental health
center of the Division and only under the direct supervision of a psychiatrist
who holds an unrestricted license to practice medicine pursuant to this chapter
or to practice osteopathic medicine pursuant to chapter 633 of NRS.

4. If a person who holds an authorized
facility license issued pursuant to this section ceases to practice medicine in
this State as a psychiatrist in a mental health center of the Division:

(a) The Division shall notify the Board; and

(b) Upon receipt of the notification, the
authorized facility license expires automatically.

5. The Board may renew or modify an
authorized facility license issued pursuant to this section, unless the license
has expired automatically or has been revoked.

6. The provisions of this section do not
limit the authority of the Board to issue a license to an applicant in
accordance with any other provision of this chapter.

7. As used in this section:

(a) Division means the Division of [Mental
Health and Developmental Services]Public and Behavioral Health of the Department
of Health and Human Services.

(b) Mental
health center has the meaning ascribed to it in NRS 433.144.

Sec. 137. NRS
633.417 is hereby amended to read as follows:

633.417 1. Except as
otherwise provided in NRS 633.315, the Board may issue an authorized facility
license to a person who intends to practice osteopathic medicine in this State
as a psychiatrist in a mental health center of the Division under the direct
supervision of a psychiatrist who holds an unrestricted license to practice
osteopathic medicine pursuant to this chapter or to practice medicine pursuant
to chapter 630 of NRS.

2. A person who applies for an authorized
facility license pursuant to this section is not required to take or pass a
written examination as to his or her qualifications to practice osteopathic
medicine, but the person must meet all conditions and
requirements for an unrestricted license to practice osteopathic medicine
pursuant to this chapter.

meet all conditions and requirements for an unrestricted
license to practice osteopathic medicine pursuant to this chapter.

3. If the Board issues an authorized
facility license pursuant to this section, the person who holds the license may
practice osteopathic medicine in this State only as a psychiatrist in a mental
health center of the Division and only under the direct supervision of a
psychiatrist who holds an unrestricted license to practice osteopathic medicine
pursuant to this chapter or to practice medicine pursuant to chapter 630 of
NRS.

4. If a person who holds an authorized
facility license issued pursuant to this section ceases to practice osteopathic
medicine in this State as a psychiatrist in a mental health center of the
Division:

(a) The Division shall notify the Board; and

(b) Upon receipt of the notification, the
authorized facility license expires automatically.

5. The Board may renew or modify an
authorized facility license issued pursuant to this section, unless the license
has expired automatically or has been revoked.

6. The provisions of this section do not
limit the authority of the Board to issue a license to an applicant in
accordance with any other provision of this chapter.

7. As used in this section:

(a) Division means the Division of [Mental
Health and Developmental Services]Public and Behavioral Health of the Department
of Health and Human Services.

(b) Mental health
center has the meaning ascribed to it in NRS 433.144.

Sec. 137.2. NRS
639.063 is hereby amended to read as follows:

639.063 1. The Board shall
prepare an annual report concerning drugs that are returned or transferred to
pharmacies pursuant to NRS 433.801, 449.2485, 639.2675 and 639.2676 and section 58.85 of this act and are
reissued to fill other prescriptions. The report must include, without
limitation:

(a) The number of drugs that are returned to
dispensing pharmacies.

(b) The number of drugs that are transferred to
nonprofit pharmacies designated by the Board pursuant to NRS 639.2676.

(c) The number of drugs that are reissued to fill
other prescriptions.

(d) An estimate of the amount of money saved by
reissuing such drugs to fill other prescriptions.

(e) Any other information that the Board deems
necessary.

2. The report must be:

(a) Available for public inspection during
regular business hours at the office of the Board; and

(b) Posted on a website or other Internet site
that is operated or administered by or on behalf of the Board.

Sec. 137.4. NRS
639.267 is hereby amended to read as follows:

639.267 1. As used in this
section, unit dose means that quantity of a drug which is packaged as a
single dose.

2. A
pharmacist who provides a regimen of drugs in unit doses to a patient in a
facility for skilled nursing or facility for intermediate care as defined in
chapter 449 of NRS may credit the person or agency which paid for the drug for
any unused doses. The pharmacist may return the drugs to the dispensing
pharmacy, which may reissue the drugs to fill other prescriptions or transfer
the drugs in accordance with the provisions of NRS 449.2485.

3. Except schedule II drugs specified in
or pursuant to chapter 453 of NRS and except as otherwise provided in NRS
433.801, 449.2485, 638.200, 639.2675 and 639.2676, and section 58.85 of this act, unit doses
packaged in ampules or vials which do not require refrigeration may be returned
to the pharmacy which dispensed them. The Board shall, by regulation, authorize
the return of any other type or brand of drug which is packaged in unit doses
if the Food and Drug Administration has approved the packaging for that
purpose.

Sec. 137.6. NRS
639.2676 is hereby amended to read as follows:

639.2676 1. A nonprofit
pharmacy designated by the Board in accordance with the regulations adopted
pursuant to subsection 6 to which a drug is transferred pursuant to NRS
433.801, 449.2485 or 639.2675 or
section 58.85 of this act may reissue the drug to fill other
prescriptions in the same pharmacy free of charge if the registered pharmacist
of the nonprofit pharmacy determines that the drug is suitable for that purpose
in accordance with the requirements adopted by the Board pursuant to subsection
6 and if:

(a) The drug is not a controlled substance;

(b) The drug is dispensed in a unit dose, in
individually sealed doses or in a bottle that is sealed by the manufacturer of
the drug;

(c) The drug is unopened and sealed in the
original manufacturers packaging or bottle;

(d) The usefulness of the drug has not expired;

(e) The packaging or bottle contains the expiration
date of the usefulness of the drug; and

(f) The name of the patient for whom the drug was
originally prescribed, the prescription number and any other identifying marks
are obliterated from the packaging or bottle before the reissuance of the drug.

2. A person, pharmacy or facility who
exercises reasonable care in the transfer, acceptance, distribution or
dispensation of a drug in accordance with the provisions of this section and
NRS 433.801, 449.2485 and 639.2675 and
section 58.85 of this act and the regulations adopted pursuant
thereto is not subject to any civil or criminal liability or disciplinary
action by a professional licensing board for any loss, injury or death that
results from the transfer, acceptance, distribution or dispensation of the drug.

3. A manufacturer of a drug is not subject
to civil or criminal liability for any claim or injury arising from the
transfer, acceptance, distribution or dispensation of the drug pursuant to this
section and NRS 433.801, 449.2485 and 639.2675 and section 58.85 of this act and the
regulations adopted pursuant thereto.

4. No drug that is transferred to a
nonprofit pharmacy pursuant to this section may be used to fill other
prescriptions more than one time.

5. A nonprofit pharmacy shall adopt written
procedures for accepting and reissuing drugs pursuant to this section. The
procedures must:

(a) Provide appropriate safeguards for ensuring
that the drugs are not compromised or illegally diverted before being reissued.

(b) Require the maintenance and retention of
records relating to the acceptance and use of the drugs and any other records
as are required by the Board.

(c) Be approved by the Board.

6. The Board shall adopt such regulations
as are necessary to carry out the provisions of this section, including,
without limitation:

(b) Requirements for accepting drugs transferred
to a nonprofit pharmacy pursuant to the provisions of this section and NRS
433.801, 449.2485 and 639.2675[.] and section 58.85 of this act.

(c) Requirements for maintaining records relating
to the acceptance and use of drugs to fill other prescriptions pursuant to this
section.

(d) The criteria and procedure for obtaining a
designation as a nonprofit pharmacy for the purposes of this section,
including, without limitation, provisions for a pharmacy, registered pharmacist
or practitioner who is registered with the Board to be designated as a
nonprofit pharmacy.

Sec. 137.8. NRS
639.282 is hereby amended to read as follows:

639.282 1. Except as
otherwise provided in NRS 433.801, 449.2485, 638.200, 639.267, 639.2675 and 639.2676,
and section 58.85 of this act, it
is unlawful for any person to have in his or her possession, or under his or
her control, for the purpose of resale, or to sell or offer to sell or dispense
or give away, any pharmaceutical preparation, drug or chemical which:

(a) Has been dispensed pursuant to a prescription
or chart order and has left the control of a registered pharmacist or
practitioner;

(b) Has been damaged or subjected to damage by
heat, smoke, fire or water, or other cause which might reasonably render it
unfit for human or animal use;

(c) Has been obtained through bankruptcy or
foreclosure proceedings, or other court action, auction or other legal or
administrative proceedings, except when the pharmaceutical preparation, drug or
chemical is in the original sealed container;

(d) Is no longer safe or effective for use, as
indicated by the expiration date appearing on its label; or

(e) Has not been properly stored or refrigerated
as required by its label.

2. The provisions of subsection 1 do not
apply if the person in whose possession the pharmaceutical preparation, drug or
chemical is found also has in his or her possession a valid and acceptable
certification of analysis attesting to the purity and strength of the
pharmaceutical preparation, drug or chemical and attesting to the fact that it
can be safely and effectively used by humans or animals. The preparation, drug
or chemical must not be sold or otherwise disposed of until the certification
required by this subsection has been presented to and approved by the Board.

3. In the absence of conclusive proof that
the preparation, drug or chemical can be used safely and effectively by humans
or animals, it must be destroyed under the direct supervision of a member or an
inspector of the Board, or two persons designated as agents by the Board who
include an inspector of a health care board, a licensed practitioner of a
health care board or a peace officer of an agency that enforces the provisions
of chapters 453 and 454 of NRS.

4. As used in this section, health care
board includes the State Board of Pharmacy, the State Board of Nursing, the
Board of Medical Examiners and the Nevada State Board of Veterinary Medical
Examiners.

Sec. 138. NRS
652.035 is hereby amended to read as follows:

652.035 [Health Division]Division means the
[Health] Division of Public and Behavioral Health of the Department
of Health and Human Services.

Sec. 140. 1. Any
administrative regulations adopted by an officer, agency or other entity whose
name has been changed or whose responsibilities have been transferred pursuant
to the provisions of this act to another officer, agency or other entity remain
in force until amended by the officer, agency or other entity to which the
responsibility for the adoption of the regulations has been transferred.

2. Any contracts or other agreements entered
into by an officer, agency or other entity whose name has been changed or whose
responsibilities have been transferred pursuant to the provisions of this act
to another officer, agency or other entity are binding upon the officer, agency
or other entity to which the responsibility for the administration of the
provision of the contract or other agreement has been transferred. Such
contracts and other agreements may be enforced by the officer, agency or other
entity to which the responsibility for the enforcement of the provisions of the
contract or other agreements has been transferred.

3. Any action taken by an officer, agency or
other entity whose name has been changed or whose responsibilities have been
transferred pursuant to the provisions of this act to another officer, agency
or other entity remains in effect as if taken by the officer, agency or other
entity to which the responsibility for the enforcement of such actions has been
transferred.

4. A license, registration, certificate or
other authorization which is in effect on July 1, 2013, and which was issued by
an officer, agency or other entity whose name was changed or whose
responsibilities were transferred pursuant to this act to another officer,
agency or other entity:

(a) Shall be deemed to be issued by the officer,
agency or other entity with the new name provided in this act or issued by the
officer, agency or other entity to whom the responsibility for such issuance
was transferred, as applicable; and

(b) Remains valid until its expiration date, if the
holder of the license, registration, certificate or other authorization
otherwise remains qualified for the issuance or renewal of the license,
registration, certificate or authorization on or after July 1, 2013.

Sec. 140.5. 1. A
person may continue to apply for certification as a mental health-mental
retardation technician pursuant to NRS 433.279, as that section existed before
July 1, 2013, until the Aging and Disability Services Division of the
Department of Health and Human Services adopts regulations to provide
certification as an intellectual disability technician pursuant to section 49.8
of this act.

2. A person who is certified as a mental
health-mental retardation technician on July 1, 2013, shall be deemed to be
certified as a mental health technician pursuant to NRS 433.279, as amended by
section 21.7 of this act, or as an intellectual disability technician pursuant
to section 49.8 of this act until the Division of Public and Behavioral Health
of the Department or the Aging and Disability Services Division of the
Department, as applicable, provides for the transition of the certificate
pursuant to subsection 3.

3. The regulations adopted by the Division of
Public and Behavioral Health pursuant to NRS 433.279, as amended by section
21.7 of this act, and the regulations adopted by the Aging and Disability
Services Division pursuant to section 49.8 of this act must provide for a
mental health-mental retardation technician to apply for
the transfer of his or her certification to certification as a mental health
technician or as an intellectual disability technician, as applicable.

retardation technician to apply for the transfer of his or her
certification to certification as a mental health technician or as an intellectual
disability technician, as applicable. No additional fee may be charged to carry
out the transfer of such certification.

Sec. 140.7. Any regulations
adopted by the Commission on Mental Health and Developmental Services pursuant
to NRS 433.324 before July 1, 2013, the responsibility for which has been
transferred:

1. Pursuant to section 25 of this act to the
State Board of Health, remain in effect until repealed or replaced by the State
Board of Health and may be enforced by the Board.

2. Pursuant to section 50 of this act to the
Aging and Disability Services Division of the Department of Health and Human
Services, remain in effect and any revisions to those regulations will continue
to apply until the Aging and Disability Services Division adopts regulations to
replace those regulations and may be enforced by the Aging and Disability
Services Division.

Sec. 141. 1. If the
name of a fund or account is changed pursuant to the provisions of this act,
the State Controller shall change the designation of the name of the fund or
account without making any transfer of money in the fund or account. The assets
and liabilities of such a fund or account are unaffected by the change of the
name.

2. The assets and liabilities of any fund or
account transferred from the Health Division or the Division of Mental Health
and Developmental Services of the Department of Health and Human Services to
the Division of Public and Behavioral Health of the Department of Health and
Human Services are unaffected by the transfer.

Sec. 142. The Legislative Counsel
shall:

1. In preparing the Nevada Revised Statutes,
use the authority set forth in subsection 10 of NRS 220.120 to substitute
appropriately the name of any agency, officer or instrumentality of the State
whose name is changed by this act for the name which the agency, officer or
instrumentality previously used; and

2. In preparing supplements to the Nevada
Administrative Code, substitute appropriately the name of any agency, officer
or instrumentality of the State whose name is changed by this act for the name
which the agency, officer or instrumentality previously used.